- 1 - HC-KAR NC: 2025:KHC:30550 WP No. 3866 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3866 OF 2025 (LB-BMP) BETWEEN: 1. SMT. SHANTHAMMA AGED ABOUT 57 YEARS W/O SRI. RAMANNA @ RAMAIAH R/ AT NO.18 C.Q.A.L LAYOUT NEAR GANESH TEMPLE SAHAKARANAGARA POST BENGALURU-560 092. …PETITIONER (BY SRI. B.N.JAYADEVA, ADVOCATE) AND: 1. THE BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU- 560 001. REP. BY ITS THE CHIEF COMMISSIONER. 2. THE ZONAL COMMISSIONER YELAHANKA ZONE BRUHAT BENGALURU MAHANAGARA PALIKE YELAHANKA, BENGALURU-560 064. 3. THE ASSISTANT EXECUTIVE ENGINEER KODIGEHALLI SUB DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE 9TH MAIN ROAD, D BLOCK SAHAKARANAGARA BENGALURU-560 092. …RESPONDENTS (BY SRI. JAGADEESWARA N.R., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30550 WP No. 3866 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SHOW CAUSE NOTICE BEARING NO.SA.KAA.A/KO.U.VI/P.O/13/2024- 25 DATED 10.10.2024 AT ANNEXURE-D, THE PROVISIONAL ORDER BEARING NO.SA.KAA.A/KO.U.VI/P.O/13/2024-25 DATED 10.10.2024 AT ANNEXURE-E, THE CONFIRMATION ORDER BEARING NO.SA.KAA.A/KO.U.VI/STI.AA/18/2024-25 DATED 25.10.2024 AT ANNEXURE-F AND DEMOLITION ORDER BARING NO.BBMP/YZ/EE.(BTP)356(1)/25/2024-25 DATED 13.01.2025 AT ANNEXURE-G ISSUED BY RESPONDENT NO.3 AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Admittedly, the petitioner has put up construction on the property without taking necessary plan approval. Hence, the respondents have initiated action against the petitioner. 2. Learned counsel for the petitioner submits that subsequent to action initiated by the respondents, she has made an application to jurisdictional officer of BBMP seeking approval of the building plan. 3. Learned counsel for the respondents fairly submits that request of the petitioner will be considered in accordance - 3 - HC-KAR NC: 2025:KHC:30550 WP No. 3866 of 2025 with law and if it is found that any of the construction is in violation of building bye-laws, action will be taken to have the same demolished. But if it is found that the construction is in accordance with building bye-laws, then necessary plan approval will be granted. He further submits that he has no instructions about the petitioner having submitted such application and a direction may be issued to the petitioner to submit a fresh application. 4. Learned counsel for the petitioner is agreeable for the same. Hence, the following: ORDER (i) The petitioner is granted liberty to submit a fresh application to the jurisdictional officer of BBMP for approval of the plan. The same shall be done within a period of two weeks from today; (ii) Upon receipt of such application, respondents shall consider the request of the petitioner in accordance with law and pass appropriate orders; - 4 - HC-KAR NC: 2025:KHC:30550 WP No. 3866 of 2025 (iii) Until such an order is passed, no precipitate action shall be taken against the petitioner; (iv) The writ petition is disposed of accordingly. In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 62