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2025 DAILYLAW 74188 (KAR)

MRS POOJA R v. CHIEF COMMISSIONER

WP/28538/2025 · 2025-09-19

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37696 WP No. 28538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28538 OF 2025 (LB-BMP) BETWEEN: 1. MRS. POOJA R W/O MR. SATHIYAMOORTHY SARAVANAMOORTHY AGED ABOUT 29 YEARS 297/2 6TH CROSS, TRIVENI ROAD, K N EXTENSION YESHWANTHPUR BENGALURU-560 022. …PETITIONER (BY SRI. SANDESH KUMAR M., ADVOCATE) AND: 1. CHIEF COMMISSIONER BHRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU -560 001 2. ZONAL COMMISSIONER BHRUHAT BENGALURU MAHANAGARA PALIKE MAHADEVAPURA DIVISION OFFICE OF ASSISTANT EXECUTIVE ENGINEER OFFICE, WHITEFIELD SUB DIVISION, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37696 WP No. 28538 of 2025 ADJACENT TO GOVT. POLLYTECHNIC COLLEGE EMMADI HALLI, BENGALURU-560056 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE WHITEFIELD SUB DIVISION ADJACENT TO GOVT. POLYTECHNIC COLLEGE EMMADI HALLI, BENGALURU-560056 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE ORDER BEARING NO. BBMP/SA.KA.AA/Y.UO.VI/PR NO.295/2025-26 DATED 29.08.2025 ISSUED BY RESPONDENT NO.3 UNDER SECTION 356 OF BBMP ACT, 2020 VIDE ANNEUXRE-K AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:37696 WP No. 28538 of 2025 ORAL ORDER The petitioner in the instant writ petition has challenged the notice dated 29.08.2025 (vide Annexure-K to the writ petition) issued by respondent No.3 to one Sri.Mohan in respect of the writ petition schedule property, directing him to demolish that portion of the property which has been constructed in violation of building bye- laws and the sanction plan. 2. The case of the petitioner is that, she is the owner of the property and not the said Mohan. It is further contended that the construction has been put up in accordance with law and if an opportunity is given, she would show the same to the concerned authorities. 3. Learned counsel for the respondents, upon instructions, submits that by mistake notice has been issued to a stranger and not to the petitioner and hence, the same may be set aside, reserving the liberty to the authorities concerned to inspect the property and initiate - 4 - HC-KAR NC: 2025:KHC:37696 WP No. 28538 of 2025 appropriate proceedings, if the same is found in violation of the sanction plan and the building bye-laws. His submission is placed on record. 4. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The impugned notice dated 29.08.2025 issued by respondent No.3 (vide Annexure-K to the writ petition) is hereby set aside. iii. Liberty is granted to the respondents to initiate appropriate action against the petitioner, if it is required, in accordance with law. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 52