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2025 DAILYLAW 70898 (KAR)

SRI SHANKAR RAO v. THE CHIEF COMMISSIONER

WP/24072/2025 · 2025-09-08

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35210 WP No. 24072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24072 OF 2025 (LB-BMP) BETWEEN: SRI SHANKAR RAO S/O BUJANGA RAO AGED ABOUT 68 YEARS R/AT NO.2, JANAKI NILAYA 3RD CROSS, KK LAYOUT PAPAAREDDYPALYA NAGARABHAVI 2ND STAGE BANGALORE-560072 …PETITIONER (BY SRI. GOUTHAM M.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE(BBMP) N R SQUARE BENGALURU-560002 2. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE(BBMP) B.B.M.P. RR NAGAR DIVISION BENGALURU- 560098 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35210 WP No. 24072 of 2025 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING B.B.M.P, RR NAGAR DIVISION BENGALURU- 560098 4. THE ASSISTANT EXECUTIVE ENGINEER B.B.M.P, RR NAGAR DIVISION BENGALURU- 560098 5. SRI DR H C CHELUVANARAYANA S/O CHANNAYYA AGED 66 YEARS R/AT NO.77, 20TH MAIN ROAD SMS LAYOUT, JP NAGAR BENGALURU NORTH RT NAGAR 5TH PHASE BENGALURU-560078 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADV. FOR R1 TO R4, NOTICE TO R5 IS DISPENSED WITH) THIS WP IS FILED PRAYING TO DIRECTING THE R-1 TO 4 TO CONSIDER THE REPRESENTATION DTD 21.07.2025 AND 31.07.2025 ANNX-A TO D FORTHWITH AND TO TAKE ACTION AGAINST THE ILLEGAL CONSTRUCTION BY THE R-5 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35210 WP No. 24072 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The writ petition is filed on the ground that illegal construction is being put up on the writ petition schedule property and following prayers are made: "a) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents No.1 to 4 to consider the representation dated 31.07.2025 Annexure ‘A’ and 21.07.2025 Annexure B to Annexure D forthwith and to take action against the illegal construction by the respondent No.5. b) Direct the respondent Nos.1 to 4 to demolish the illegal construction put up by the respondent No.5 adjacent to the petitioner property. c) Grant any other reliefs as this Hon’ble Court deems just and proper in the facts and circumstances of the case, in the interest of justice and equity". 2. Learned counsel for the Bruhat Bengaluru Mahanagara Palike submits that a notice under Section 313 of the BBMP Act, 2020 has been issued to the owner of writ petition schedule property, and BBMP intend to - 4 - HC-KAR NC: 2025:KHC:35210 WP No. 24072 of 2025 conduct an enquiry in respect of the construction being put up on the said property. 3. In the light of the above submission of the learned counsel for the BBMP, the writ petition is disposed of with the direction to the BBMP to take the proceedings to its logical end in the manner known to the law after giving an opportunity of hearing to all the affected parties and pass appropriate orders thereafter as expeditiously as possible. Sd/- (M.I.ARUN) JUDGE SSB