- 1 - HC-KAR NC: 2025:KHC:36293 WP No. 27431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27431 OF 2025 (LB-BMP) BETWEEN: 1. SRI. ANSAR PASHA AGED 58 YEARS S/O LATE P. JANI R/AT NO.288/B, AYOTHI DASS NAGAR P & T DRIVERS COLONY DEVARAJEEVANAHALLI A C POST, BENGALURU-560 045. 2. MRS. SARVATH NAWAZI AGED 51 YEARS W/O SRI. ANSAR PASHA R/AT NO.288/B AYOTHI DASS NAGAR P & T DRIVERS COLONY DEVARAJEEVANAHALLI A C POST, BENGALURU-560 045. …PETITIONERS (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU CITY CORPORATION HUDSON CIRCLE, BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU CITY CORPOARATION Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36293 WP No. 27431 of 2025 K G HALLI SUB DIVISION ROBERTSON ROAD, FRASER TOWN BENGALURU-560 005. 3. MR. ABDUL BASEER MAJOR S/O ABDUL BASEER R/AT NO.71, 4TH CROSS SADATH NAGAR, K.B.SANDRA BENGALURU-560 032. 4. MR. ZAHEER AHMED MAJOR S/O ABDUL RAHEEM R/AT 13/17, KANDASWAMY MODALIAR ROAD RICHARDS TOWN, BENGALURU-560 005. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 & R2; NOTICE R3 & R4 IS DISPENSED WITH VIDE COURT ORDER DATED 12.09.2025) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED THE NOTICE/ORDER DATED 16.06.2025 PASSED BY THE 2ND RESPONDENT IN PROCEEDINGS NO.Sa.ka.as.K.G.Halli/PR/04/2025-26 (ANNEXURE-A) AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36293 WP No. 27431 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioners is that they are the owners of the property which is the subject matter of the writ petition. They have obtained all the necessary permissions from Bruhat Bengaluru Mahanagara Palike (BBMP) and are putting up a construction in accordance with law. However, at the instigation of third parties, BBMP has issued a notice under Section 313 of Bruhat Bengaluru Mahanagara Palike Act, 2020 (vide Annexure- A to the writ petition) calling upon the petitioners to give necessary explanation. It is submitted that the petitioners have responded to the said notice and have provided all the details to BBMP showing that the construction being put up is in accordance with law. However, the officers of BBMP are orally instructing the petitioners not to proceed with the construction. Aggrieved by the same, the present writ petition is filed with the following prayers: "i. quash the order dated the notice/order dated 16.06.2025 passed by the 2nd Respondent in proceedings No.Sa.ka.as.K.G.Halli/PR/04/2025-26 (Anneuxre-A). - 4 - HC-KAR NC: 2025:KHC:36293 WP No. 27431 of 2025 ii. issue a direction to the Respondent No.2 not to interfere with the construction made by the Petitioners bearing site No.15, situated in Kavalbyrasandra, Bengaluru. iii. Grant such other and further relief in the circumstances of the case, in the interest of justice and equity." 2. Learned counsel for respondent nos.1 and 2-BBMP upon instructions submits that, the reply of the petitioners will be considered and an appropriate order will be passed and only if it is found that the petitioners are putting up a construction in violation of the law, then only action will be initiated against the petitioners and not otherwise. His submission is the placed on record. 3. Hence, the following: ORDER i. Respondent nos.1 and 2 are directed to consider the reply of the petitioners to the impugned notice dated 16.06.2025 (vide Annexure- A to the writ petition) and thereafter pass appropriate orders in accordance with law. Respondents are restrained from initiating - 5 - HC-KAR NC: 2025:KHC:36293 WP No. 27431 of 2025 precipitative action against the petitioners till such appropriate orders are passed; ii. It is needless to state that, if the petitioners are aggrieved by the order of the BBMP, they are always at liberty to challenge the same in the manner known to law; iii. The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 12