- 1 - HC-KAR NC: 2025:KHC:37595 WP No. 1507 of 2025 C/W WP No. 4406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 1507 OF 2025 (LB-BMP) C/W WRIT PETITION NO. 4406 OF 2025 (LB-BMP) IN WP No. 1507/2025 BETWEEN: 1. MR DHANUSH AGED BOUT 28 YARS S/O MANJUNATH B NO.19, 1ST CROSS, SHANKARNAG ROAD, NARAYANASWAMY LAYOUT, ANEKAL, BANGALORE-562106. …PETITIONER (BY SRI. NAVEED AHMED.,ADVOCATE) AND: 1. THE COMMISSIONER, BBMP, HUDSON CIRCLE, BANGLORE-560001 2. THE ASSISTANT EXECUTIVE ENGNEER BBMP NO.615, 10TH CROSS RD, 2ND PHASE, JP NAGAR, BANGLORE-560041. 3. M/S ABARAN TIMELESS JEWELLARY PVT.LTD REPRESENTED BY ITS MANAGING DIRECTOR MR. PRATAP KAMAT NO.192, WEST CHORD RD, MAHALAKSHMI LAYOUT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37595 WP No. 1507 of 2025 C/W WP No. 4406 of 2025 OPP ISKCON BANGALORE-560086. 4. MR.BHARATH KAMAT, S/O MADHUKAR KAMAT, AGED ABOUT 42 YEARS, RESIDING AT NO.A-103, G-CORP, MAHALAKHSMI APARTMENTS, THIRD ACROSS, THIRD MAIN, C-BLOCK, SAHAKARNAGAR, BANGALORE-560092. …RESPONDENTS (BY SRI.K.S.MALLIKARJUNA REDDY., ADVOCATE FOR R1 AND R2; SMT.MEENA S.A., ADVOCATE FOR R3; SRI.H.SUNIL KUMAR., ADVOCATE FOR R4;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 12.11.2024 VIDE ANNEXURE-A AND A1 AND TAKE ACTION AGAINST RESPONDENTS 3 IN ACCORDANCE WITH LAW AND REMOVE THE ILLEGAL CONSTRUCTION WHICH IS DONE IN VIOLATION OF BBMP ACT AND RULES IN PROPERTY BEARING NO.9, PID NO.57-1909, 15TH CROSS, 5TH PHASE, J.P.NAGAR, BANGALORE-560 078 AND ETC., IN WP NO. 4406/2025 BETWEEN: 1. MR BHARATH KAMAT S/O MADHUKAR KAMAT AGED ABOUT 42 YEARS, RESIDING AT NO.A-103, G-CORP, - 3 - HC-KAR NC: 2025:KHC:37595 WP No. 1507 of 2025 C/W WP No. 4406 of 2025 MAHALAKSHMI APARTMENTS, THIRD ACROSS, THIRD MAIN, C-BLOCK, SAHAKARNAGAR, BANGALORE-560092. ...PETITIONER (BY SRI. SUNIL KUMAR H..,ADVOCATE) AND: 1. THE COMMISSIONER BBMP HUDSON CIRCLE, BANGALORE- 560001. 2. THE ASSISTANT EXECUTIVE ENGINEER BBMP NO.615, 10TH CROSS RD, 2ND PHASE, JP NAGAR, BANGALORE 560041. 3. M/S ABARAN TIMELESS JEWELRY PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR MR. PRATAP KAMAT NO.192, WEST CHORD RD, MAHALAKSHMI LAYOUT OPP ISKCON, BENGALORE- 560086. ...RESPONDENTS (BY SRI. PRAVEEN KUMAR RAIKOTE.,ADVOCATE FOR R1 AND R2; SMT.MEENA S.A., ADVOCATE FOR SRI.SHARATH S.GOGI, ADVOCATE FOR R3;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPNDENTS 1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 03.02.2025 VIDE ANNEXURE-A AND A1 AND TAKE ACTION AGAINST R- 3 IN ACCORDANCE WITH LAW AND REMOVE THE ILLEGAL - 4 - HC-KAR NC: 2025:KHC:37595 WP No. 1507 of 2025 C/W WP No. 4406 of 2025 CONSTRUCTION WHICH IS DONE IN VIOLATION OF BBMP ACT AND RULES IN PROPERTY BEARING NO.9 PID NO. 57- 1909 15TH CROSS, 5TH PHASE, J.P.NAGAR BANGALORE 560078 AND ETC., THESE PETITIONS, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Both the writ petitions pertains to the alleged illegal construction put up on the property bearing No.9 PID No.57-1909, 15th Cross, 5th Phase, J.P.Nagar, Bangalore- 560078. In both the writ petitions a prayer is sought to direct the respondents-BBMP to consider the representation of the petitioners to demolish the illegal construction. 2. The contesting respondent in the writ petitions, who is said to have put up the said construction submits that the same is done in accordance with law and prays for dismissal of the writ petitions. - 5 - HC-KAR NC: 2025:KHC:37595 WP No. 1507 of 2025 C/W WP No. 4406 of 2025 3. Learned counsel for the respondents-BBMP, upon instructions, submits that there are deviations and certain illegal constructions have been put up on the property concerned and he has filed a memo dated 20.08.2025 enclosing certain documents in this regard. Under the said circumstances, I proceed to pass the following: ORDER i. The Writ Petitions are hereby disposed of. ii. The respondents-BBMP is directed to initiate appropriate action against the alleged illegal construction said to have been put up on the property which is the subject matter of the writ petition in accordance with law after giving an opportunity of hearing to the owner and such other persons as may be required in law. - 6 - HC-KAR NC: 2025:KHC:37595 WP No. 1507 of 2025 C/W WP No. 4406 of 2025 iii. It is hereby made clear that no opinion is expressed on whether there has been any illegal construction or not that is for the respondents-BBMP to decide the same and take suitable action thereafter. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 21