- 1 - HC-KAR NC: 2025:KHC:39168 WP No. 24119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24119 OF 2025 (LB-BMP) BETWEEN: SRI B S NESARA S/O. SRI. D.S. SHIVARAMA, AGED ABOUT 34 YEARS, R/AT. NO.194, MANDYA HOUSE, 7TH MAIN ROAD, JAYANAGAR, 4TH BLOCK, NEAR JAYANAGAR POLICE STATION, BENGALURU-560011 REPRESENTED BY GPA HOLDER SRI. GANGADHAR. S S/O. SONAPPA K, AGED ABOUT 41 YEARS, R/AT.NO.91/3, 1ST FLOOR, 1ST MAIN, NETHARI ROAD, 2ND BLOCK, TYAGARAJ NAGAR, NEAR KEB QUARTERS, BENGALURU 560028. …PETITIONER (BY SRI. P N MANMOHAN, SENIOR ADVOCATE FOR SRI. VINAY N., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANGARA PALIKE N.R. SQUARE, CORPORATION CIRCLE, BENGALURU 560002 REP. BY ITS COMMISSIONER. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39168 WP No. 24119 of 2025 2. ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE, 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU-560011. …RESPONDENTS (BY SRI. B S KARTHIKEYAN., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL ORDER AND SHOW CAUSE NOTICE DATED 05.08.2023 ISSUED BY THE 2ND RESPONDENT BEARING NO. SA.NI.NAYO(D)/PO/95/2023-24 (PRODUCED AS ANNEXURE-G AND H) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:39168 WP No. 24119 of 2025 ORAL ORDER 1. Petitioner has put up construction on the property which is the subject matter of the writ petition. On the ground that the same is in violation of building bye-laws as well as sanctioned plan, impugned orders have been passed against the petitioner ordering demolition of the same. Aggrieved by the said orders, the present writ petition is filed. 2. Though the petitioner admits that there have been deviations from the sanctioned plan, it is submitted that in the light of introduction of Premium Floor Area Ratio (FAR), the petitioner would be entitled to seek regularization of the alleged deviations. It is further submitted that the petitioner has made a request to the Bruhat Bengaluru Mahanagara Palike (BBMP) seeking modification of the sanction plan taking into consideration the present law applicable and it is submitted that a decision is yet to be taken by the BBMP in this regard. 3. Learned counsel for the BBMP, appearing for the respondents, upon instructions, submits that the request of the petitioner will be considered in accordance with law and after considering the same appropriate action will be taken. - 4 - HC-KAR NC: 2025:KHC:39168 WP No. 24119 of 2025 4. Under the circumstances, following order is passed:- ORDER i. Respondent No.2 - BBMP is hereby directed to consider the request of the petitioner in accordance with law and pass appropriate orders. ii. Till such time, the respondent - BBMP shall not initiate any coercive steps against the petitioner. Thereafter, BBMP is at liberty to initiate appropriate action against petitioner in accordance with law. iii. It is needless to state that if the request of the petitioner is rejected by the BBMP, the petitioner is entitled to challenge the same in the manner known to law, if he is so aggrieved. iii. The writ petition is disposed of. iv. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 24