Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30720 WP No. 6990 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6990 OF 2025 (LB-RES)
BETWEEN:
1.
SRI. C. R. SATHISH KUMAR S/O C.RANGAPPA AGED ABOUT 73 YEARS R/A NO.173/12, 1ST CROSS SRI.M.V. ROAD, SURABHI LAY-OUT YALAHANKA, BENGALURU-560 064.
2.
SRI. N. KRISHNAMURTHY REDDY S/O N.POLI REDDY AGED ABOUT 62 YEARS R/A NO.173/14, 1ST CROSS SRI.M.V. ROAD, SURABHI LAY-OUT YALAHANKA, BENGALURU-560 064. …PETITIONERS (BY SRI. NATARAJ BALLAL, ADVOCATE) AND:
1.
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR VIKASA SOUDHA BENGALURU - 560 001 REP. BY ITS ADDITIONAL CHIEF SECRETARY.
2.
THE CHIEF COMMISSIONER
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30720 WP No. 6990 of 2025
BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N. R. ROAD BENGALURU 560 064.
3.
THE JOINT COMMISSIONER - YALAHANKA ZONE BRUHATH BENGALURU MAHANAGARA PALIKE BYATARAYANAPURA, BENGALURU 560 064.
4.
THE ZONAL COMMISSIONER - YALAHANKA ZONE BRUHATH BENGALURU MAHANAGARA PALIKE BYATARAYANAPURA, BANGALORE - 560 064.
5.
THE ASSISTANT EXECUTIVE ENGINEER BBMP WARD NO.1, YALAHANKA OLD TOWN BENGALURU -560 064.
6.
THE EXECUTIVE ENGINEER (ELECTRICAL) BESCOM, HEBBAL DIVISION, YALAHANKA BENGALURU-560 064.
7.
THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) BESCOM, HEBBAL DIVISION YALAHANKA, BENGALURU-560 064.
8. SRI.M.M.NISSAR S/O N.C.HASSAM AGED ABOUT 57 YEARS R/A NO.34, 1ST MAIN ROAD CHIKKABOMMASANDRA VILLAGE YALAHANKA NEW TOWN G.K.V.K POST, BENGALURU-560 065.
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HC-KAR NC: 2025:KHC:30720 WP No. 6990 of 2025
9.
SRI. SHOBHANATH RAI FATHER NAME NOT KNOWN TO THE PETITIONER AGED ABOUT 68 YEARS R/A NO.101, MAHA GOURI APARTMENT MLA LAY-OUT, R.M.V. 2ND STAGE BENGALURU -560 094. …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, AGA FOR R1;
SRI. SAMIDHA PRADEEP WAINGANKAR, ADVOCATE FOR R2 TO R5;
SRI. B.L.SANJEEV, ADVOCATE FOR R6 & R7;
SRI. Y.S.HANUMANTHAPPA REDDY, ADVOCATE FOR R9;
VIDE ORDER DATED 09.04.2022 NOTICE TO R8 DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.2 TO 5 TO TAKE ACTION BY CONSIDERING THE REPRESENTATIONS AT ANNEXURE-F1 DATED 03.02.2025, ANNEXURE-F2 DATED 07.02.2025, ANNEXURE-F3 DATED 12.02.2025, ANNEXURE-R4 DATED 12.02.2025 AND ETC.
THIS PETITION COMING ON FOR HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2025:KHC:30720 WP No. 6990 of 2025
ORAL ORDER
The petitioners have made representations to Bruhat Bengaluru Mahanagara Palike-BBMP that respondent no.9 has put up unauthorized and illegal construction on the writ petition schedule property and action needs be initiated against him. As no action was initiated, the present petition is filed with a prayer to direct the BBMP to initiate appropriate action against respondent no.9.
2. In the course of the proceedings, it is submitted that appropriate action has been initiated against respondent no.9 and in fact an order under Section 248(3) of Bruhat Bengaluru Mahanagara Palike Act, 2020 has been passed by the Zonal Commissioner, which is adverse to the interest of respondent no.9. It is also submitted that respondent no.9, thereafter has preferred an appeal under Section 253 of BBMP Act, 2020 before the Chief Commissioner-respondent no.2 and Appeal No.123/2025 is pending in this regard and an interim
order is passed against the order passed by respondent no.4- Zonal Commissioner.
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HC-KAR NC: 2025:KHC:30720 WP No. 6990 of 2025
3. In the light of action being initiated against respondent no.9 by the BBMP, nothing survives in the writ petition and the writ petition is hereby dismissed, granting liberty to the petitioners to participate in the appeal proceedings (Appeal No.123/2025) pending on the file of respondent no.2.
In view of dismissal of main petition, pending interlocutory applications, if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 54