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2025 DAILYLAW 74643 (KAR)

SMT.JAYANTHI.K v. THE COMMISSIONER

WP/34655/2024 · 2025-08-07

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31379 WP No. 34655 of 2024 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. 34655 OF 2024 (LB-BMP) BETWEEN: SMT.JAYANTHI.K AGED ABOUT 52 YEARS D/O LATE KRISHNA REDDY, AVR NAKSHATRA VILLA, NO 45, AECS LAYOUT, CHINNAPPANAHALLI, BENGALURU - 560 037 …PETITIONER (BY MISS. LEKHA JAIN, ADVOCATE FOR SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE BENGALURU - 560 002 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, HUDI DIVISION, MAHADEVAPURA BENGALURU - 560 048 3. SMT. P. NAGAVENI MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER W/O LATE N K VASUDEV REDDY Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31379 WP No. 34655 of 2024 4. SRI.N.V PURUSHOTHAM MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER S/O LATE N K VASUDEV REDDY 5. SRI N V BHASKER REDDY MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER S/O LATE N K VASUDEV REDDY RESPONDENT NOS. 3 TO 5 ARE R/AT N 105, OUTER RING ROAD, FERNS HABITAT DODDANEKUNDI, BENGALURU - 560 037 6. SMT N V KAVITHA MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER D/O LATE N K VASUDEV REDDY R/AT NO 1397, 12TH CROSS, 21ST MAIN, 1ST SECTOR, HSR LAYOUT, BENGALURU- 560 102 …RESPONDENTS (BY SRI. JAGADEESWARA N R., ADVOCATE FOR R1 AND R2 (through VC); SRI. R.ANIL KUMAR, ADVOCATE FOR R3 AND R6; SRI.P.B.AJIT, ADVOCATE FOR R4 AND R5.) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO INITIATE NECESSARY ACTION INCLUDING DEMOLITION AGAINST THE UNAUTHORISED AND ILLEGAL CONSTRUCTION PUT UP IN THE SCHEDULED PROPERTY BY THE R-3 TO 6 IN VIOLATION OF LAW AND RULES AND WITHOUT ANY SANCTION PLAN BY CONSIDERING THE REPRESENTATION AT ANNX-E, ETC. - 3 - HC-KAR NC: 2025:KHC:31379 WP No. 34655 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER This writ petition is filed by the petitioner alleging that Respondent Nos.3 to 6 have put up unauthorized and illegal construction on the writ petition schedule property and inspite of a representation, BBMP has not initiated any action against Respondent Nos.3 to 6. 2. The writ petition is filed with a prayer to direct Respondent Nos.1 and 2 to initiate necessary action against Respondent Nos.3 to 6 for the unauthorized and illegal construction alleged to have been put up by them. 3. Learned counsel appearing for BBMP, upon instructions submits that notices under Section 248 of BBMP Act have been issued to Respondent Nos.3 to 6 and the same will be taken to its logical end. - 4 - HC-KAR NC: 2025:KHC:31379 WP No. 34655 of 2024 4. Learned counsel for Respondent Nos.3 to 6 admits having received the said notices, but submits that there has been no violation as alleged by the petitioner and they would give a suitable reply to the notices issued by the BBMP. 5. As action has been initiated against Respondent Nos.3 to 6, as prayed for, in the instant writ petition, the writ petition is hereby dismissed has having become infructuous and Respondent Nos.1 and 2 are directed to pursue the action initiated by them to its logical end, in accordance with law. Sd/- (M.I.ARUN) JUDGE DH