- 1 - HC-KAR NC: 2025:KHC:32241 WP No. 6764 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.6764 OF 2025 (LB-BMP) BETWEEN: 1. C S DAKSHAYANI @ DRAKSHAYANAMMA W/O M.V.KRISHNAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.99, VINAY NILAYA, 3RD MAIN, 4TH CROSS, BHEL MINI COLONY, PIPELINE ROAD, MALLASANDRA, T. DASARAHALLI, BENGALURU-560 057. …PETITIONER (BY SRI. N.M. MANJUNATHA, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HEAD OFFICE, N.R. SQUARE, BENGALURU-560 002. 2. THE EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGAR PALIKE T. DASARAHALLI SUB-DIVISION, T. DASARAHALLI ZONE, MEI LAYOUT, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU-560 073. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32241 WP No. 6764 of 2025 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE T. DASARAHALLI SUB-DIVISION, T. DASARAHALLI ZONE, MEI LAYOUT, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU-560 073. 4. SRI. LAXMAN RAM, S/O LATE DHANARAMJI, AGED ABOUT 63 YEARS, R/AT. NO.667, 'AAIMATHA MANSION', 1ST MAIN ROAD, T. DASARAHALLI, BENGALURU-560 057. …RESPONDENTS (BY SMT. M.R. SINCHANA, ADVOCATE FOR R.1 TO R.3; SRI B. ROOPESHA, ADVOCATE FOR R.4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE REPRESENTATIONS DATED 06.02.2025, AS ANNEXURES-G, H AND J AND FORTHWITH PREVENT THE UNAUTHORIZED CONSTRUCTION ON THE SCHEDULE B PROPERTY AND ALSO TO TAKE NECESSARY ACTION TO DEMOLISH THE PORTION OF CONSTRUCTION THAT HAS ALREADY COME UP ON THE SCHEDULE B PROPERTY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32241 WP No. 6764 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. On the ground that respondent No.4 is putting up illegal construction on the property of the petitioner which is the subject matter of the writ petition, the petitioner has represented to respondent Nos.1 to 3 - BBMP that suitable action should be initiated against respondent No.4. On the ground that no action has been initiated, the present writ petition is filed with the following prayers:- "(1) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the Respondents No.1 to 3 to consider the Representations dated 06.02.2025, as Annexure-G, H and J and forthwith prevent the unauthorized construction on the Schedule B Property and also to take necessary action to demolish the portion of construction that has already come up on the Schedule B Property. (2) Grant such other relief or reliefs as the situation demands, to meet the ends of justice." 2. Learned counsel for respondent Nos.1 to 3 upon instructions submits that in the meanwhile action has been initiated against respondent No.4 and a confirmation order has been passed wherein he has been directed to remove - 4 - HC-KAR NC: 2025:KHC:32241 WP No. 6764 of 2025 the portion of the illegal structure put up on the property. It is further submitted that aggrieved by the said order, respondent No.4 has preferred an appeal No.85/2025 under Section 253 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and the same is pending before respondent No.1 and action will be initiated as soon as a decision is taken in the said appeal. 3. For the aforementioned reasons, respondent No.1 is hereby directed to dispose of the appeal No.85/2025 as expeditiously as possible and petitioner is granted liberty to participate in the proceedings. The writ petition is disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 81