Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33815 WP No. 16666 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.16666 OF 2025 (LB-BMP)
BETWEEN:
1. SMT. DEEPA SANJEEV KOLAKAR W/O SRI. SANJEEV KOLAKAR AGED ABOUT 40 YEARS RESIDING AT NO.404, A BLOCK, POLICE QUARTERS, NEAR POLICE TRAINING SCHOOL, THANISANDAR, R.K. HEGDE NAGAR, BENGALURU-560 077. …PETITIONER (BY SRI. NANDANISIDDARTH A NIJAGANNAVAR, ADVOCATE) AND:
1. THE COMMISSIONER BBMP, N.R. SQUARE- 560 001. 2. ZONAL COMMISSIONER (YELAHANKA), BYATARAYANAPURA, AMRUTHAHALLI MAIN ROAD, BBMP BANGALORE-560 092. 3. JOINT COMMISSIONER (YELAHANKA), BYATARAYANAPURA, AMRUTHAHALLI MAIN ROAD, BBMP BANGALORE-560 092. 4. DEPUTY COMMISSIONER (YELAHANKA), BYATARAYANAPURA,
AMRUTHAHALLI MAIN ROAD, BBMP BANGALORE-560 092. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33815 WP No. 16666 of 2025
5. THE DIRECTOR OF TOWN PLANNING, 2ND N.R. SQUARE, NEAR M.S. BUILDING, NRUPATHUNGA ROAD, BBMP BANGALORE-560 068. 6. THE ASSISTANT EXECUTIVE ENGINEER BBMP, N.R. SQUARE-560 001. 7. ASSISTANT REVENUE OFFICER, THANISANDRA MAIN ROAD, THANISANDRA, BBMP BANGALORE-560 064. 8. MR. A.M. VENKATKRISHNAN RESIDING AT NO.64, ST. JOHN ROAD, BANGALORE-560 042. 9. MRS. PADMINI VASANT W/O VASANT KUMAR RESIDING AT NO.6B, SAKHI APARTMENT, NO.17, RHENIUS STREET, LANGORD TOWN BANGALORE-560 025. …RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R.1 TO R.3 AND R.6;
SRI H.K. KENCHEGOWDA, AGA FOR R.4, R.5 & R.7;
SRI AYUB KHAN KASIM, ADVOCATE FOR R.8 & R.9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 7 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 06.03.2025 AND 27.03.2025 WITHIN A TIME FRAME AND TAKE ACTION AGAINST THE UNAUTHORIZED AND ILLEGAL CONSTRUCTION BY THE RESPONDENT NOS.8 AND 9 WITHIN A TIME FRAME (ANNEXURES-D AND E), ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO
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HC-KAR NC: 2025:KHC:33815 WP No. 16666 of 2025
CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioner is said to be a tenant in the writ petition schedule property which is said to be owned by respondent Nos.8 and 9.
On the ground that the construction put up on the writ petition schedule property is illegal and without any plan sanction, the petitioner has made a representation to the Corporation to initiate action against respondent Nos.8 and 9. As no action has been taken against respondent nos.8 and 9, the present writ petition is filed with the following prayers:
"i. Issue a Writ of Mandamus or any other appropriate Writ or order or direction, directing the Respondent no.1 to 7 to consider the representations of the Petitioners dated 06.03.2025 and 27.03.2025 within a time frame and take action against the unauthorized and illegal construction by the Respondent no.8 and 9 within a time frame (Annexures D and E) and
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HC-KAR NC: 2025:KHC:33815 WP No. 16666 of 2025
ii. Grant such other and further reliefs as this Hon'ble Court deems fit in the interest of justice and equity."
2. Learned counsel for respondent Nos.8 and 9 submits that the petitioner is a tenant in the ground floor portion of the property and respondent Nos.8 and 9 have initiated eviction proceedings and because of the enemity, she has made a false complaint to the City Corporation. It is further submitted that the petitioner has no locus standi to do so. 3. Sri Pawan Kumar, learned counsel appearing for Bruhat Bengaluru Mahanagara Palike ('BBMP' for short), upon instructions, submits that irrespective of the dispute between the petitioner and respondent nos.8 and 9, they will examine the building constructed on the writ petition schedule property and initiate appropriate action in accordance with law, if it is required. His submission is placed on record. - 5 -
HC-KAR NC: 2025:KHC:33815 WP No. 16666 of 2025
4. Recording the submission of learned counsel for the BBMP, the writ petition is hereby disposed of. Sd/- (M.I.ARUN) JUDGE
hkh. List No.: 1 Sl No.: 56