- 1 - HC-KAR NC: 2025:KHC:34062 WP No. 4310 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 4310 OF 2024 (LB-BMP) BETWEEN: 1. SMT. MENAKA W/O SRI H.MANJUNATHA AGED ABOUT 42 YEARS R/AT NO.82/4, 41 FEET ROAD SRIGANDADA KAVALU SUNKADAKATTE VISHWANEEDAM POST BENGALURU-560 091. …PETITIONER (BY SMT. N.ROOPA, ADVOCATE FOR SRI. N. SRIDHAR, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 2. ASSISTANT EXECUTIVE ENGINEER BBMP, DASARAHALLI DIVISION HEGGANAHALLI SUB-DIVISION SRIGANDA NAGARA, BENGALURU-562 110. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34062 WP No. 4310 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.Sa.Ka.A/He.U.V/P.R/31/2023-24 DATED 23.01.2024 PASSED BY RESPONDENT NO.2 AUTHORITY (ANNEXURE-G) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that she is the owner of the property which is the subject matter of the writ petition and she has put up construction in accordance with law and also fenced the property in accordance with law. However, respondents-Bruhat Bengaluru Mahangara Palike (BBMP) have issued notice under Section 313 of BBMP Act, 2020 asking the petitioner to produce certain documents. It is further submitted that pursuant to the said notice, the petitioner has produced documents to show that she is in lawful occupation of the property concerned and has put up construction in accordance with law. Inspite of it, it is submitted that BBMP without passing any order, has illegally demolished a portion of the - 3 - HC-KAR NC: 2025:KHC:34062 WP No. 4310 of 2024 compound wall. Aggrieved by the same, the present writ petition is filed with the following prayers: "a. Issue a Writ of Certiorari and quash the Order bearing No.Sa.Ka.A/He.U.V/P.R/31/23-24 dated 23.01.2024 passed by the 2nd Respondent authority (Annexure-G); b. Issue writ of Mandamus or direction to the 2nd Respondent to consider the representation of the petitioners; c. Issue such other order, writ or direction as this Hon'ble court deems fit to grant under the circumstances of the case; d. And this writ petition may be allowed with cost, in the interest of justice and equity." 2. Learned counsel for the respondents upon instructions submits that what has been issued to the petitioner is only a notice asking her to produce certain documents which is perfectly in accordance with law. He denies demolishing of a portion of the compound wall in violation of law as alleged by the petitioner. He further submits that any action against the petitioner will be initiated only after passing appropriate orders in accordance with law after hearing the petitioner. 3. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:34062 WP No. 4310 of 2024 ORDER i) The respondents are directed to act against the petitioner only in accordance with law and not otherwise and after giving a fair opportunity of hearing to the petitioner; ii) Till an appropriate decision is taken in accordance with law, they will not initiate any coercive action against the petitioner; iii) It is also made clear that this Court has not expressed any opinion on the merits of the case and it is for the respondents to take decision in accordance with law based on the materials produced before it; iv) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 36