- 1 - HC-KAR NC: 2025:KHC:33475 WP No. 26681 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26681 OF 2024 (LB-BMP) BETWEEN: 1. SRI. ARUN KUMAR. M AGED ABOUT 58 YEARS, S/O. LATE. SRI. MARISONNAPPA, R/AT NO.100, 4TH MAIN, AMARJYOTHI LAYOUT, R. T. NAGAR, BENGALURU 560 032. …PETITIONER (BY SRI. VENKATESH R BHAGAT,ADV.,) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE ("BBMP"), HUDSON CIRCLE, BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER, ENGINEERING SECTION, HEBBAL SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE ("BBMP"), J.C NAGAR MAIN ROAD, BENGALURU-560 006 3. THE ASSISTANT REVENUE OFFICER (ARO), BRUHAT BENGALURU MAHANAGARA PALIKE ("BBMP"), J.C NAGAR, MAIN ROAD, BENGALURU-560 006 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33475 WP No. 26681 of 2024 4. SMT PRIYA U.MENON, MAJOR, W/O. SRI. U. K. MENON, R/AT NO.43, 4TH 'A' CROSS, WARD NO.21, I BLOCK, ANANDANAGAR, HEBBAL, BENGALURU-560024. …RESPONDENTS (BY SMT. SAMIDHA PRADEEP WAINGANKAR, ADV., FOR R1-3) SRI K.P.SOMANNA, ADV., FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO R3 TO INITIATE ACTION AGAINST THE R4 UNDER THE PROVISIONS OF THE BBMP ACT, 2020 IN ITS LETTER AND SPIRIT AND TO STOP ILLEGAL CONSTRUCTION PUT UP BY THE R4 AND CONSEQUENTLY DEMOLISH THE ILLEGAL STRUCTURE AS SHOWN IN THE PHOTOGRAPHS TAKEN ON 2.8.24 AT ANNEXURE-K COLLECTIVELY AND PHOTOGRAPHS TAKEN ON 11.9.24 ANNEXURE-L COLLECTIVELY 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 ORAL ORDER On the ground that respondent No.4, who is neighbour of the petitioner, has put up illegal construction without leaving the required setback and also in violation of sanctioned Building Plan, the present writ petition is filed with the following prayer: "Issue Writ or Order or Direction in the nature of mandamus or any other Writ of direction to the - 3 - HC-KAR NC: 2025:KHC:33475 WP No. 26681 of 2024 Respondent Nos. 1 to 3 to initiate action against the Respondent No.4 under the Provisions of the BBMP Act, 2020 in its letter and spirit and to stop illegal construction put up by the Respondent No.4 and consequently demolish the illegal structure as shown in the Photographs taken on 02.08.2024 at Annexure-'K' collectively and photographs taken on 11.09.202r Annexure- 'L' collectively." 2. The counsel for respondent No.4 is absent and she has not filed any objections also. 3. Counsel for respondent Nos. 1 to 3 - BBMP submits that the allegations made by the petitioner against respondent No.4 are true and correct and BBMP has already commenced the required action and passed provisional order and confirmation order for demolition under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020. However, it is submitted that by mistake, the said orders have been passed by Assistant Executive Engineer, BBMP and the same shall be withdrawn and it will be passed by the jurisdictional Zonal - 4 - HC-KAR NC: 2025:KHC:33475 WP No. 26681 of 2024 Commissioner and it is submitted that the action initiated against respondent No.4 shall be taken to its logical end. 4. Hence, the following:- ORDER i) Writ Petition is disposed of. ii) Respondent Nos. 1 to 3 are directed to initiate appropriate action against respondent No.4 under the provisions of BBMP Act and remove the illegal construction put up by her. iii) Respondent No.4 shall, cooperate with respondent Nos. 1 to 3 to remove the illegal construction and will immediately stop further construction in violation of the sanctioned Building Plan. iv) The needful will be done at the earliest. Sd/- (M.I.ARUN) JUDGE Bsv List No.: 1 Sl No.: 54