- 1 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14921 OF 2025 (LB-BMP) BETWEEN: 1. SMT.PUSHPALATHA WIFE OF SRI K.KATHROY DAUGHTER OF K C JAYALAKSHMI AGED ABOUT 40 YEARS RESIDING AT NO.3/1 VAIBHAV HOTEL BUILDING BESIDE GOVT. SCHOOL SARJAPURA ROAD KAIKONDRAHALLI VILLAGE VARTHUR HOBLI BENGALURU- 560 035 …PETITIONER (BY SRI.SUBRAHMANYA KAUSHIK R S, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE HAVING OFFICE AT N R SQUARE BENGALURU-560 002 REPRESENTED BY CHIEF COMMISSIONER 2. ZONAL COMMISSIONER MAHADEVAPURA ZONE-BBMP OFFICE AT RHB COLONY WHITE FIELD MAIN ROAD BENGALURU-560 048 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 3. JOINT DIRECTOR TOWN PLANNING (NORTH) HAVING OFFICE AT BBMP OFFICE N R SQUARE BENGALURU-560 002 4. ASSISTANT DIRECTOR TOWN PLANNING (MAHADEVAPURA)-BBMP OFFICE AT RHB COLONY WHITE FIELD MAIN ROAD BENGALURU-560 048 5. SRI A. RAMAPPA SON OF LATE SRI.ANJANAPPA AGED ABOUT 46 YEARS 6. SRI A.LAKSHMAPPA SON OF LATE SRI.ANJANAPPA AGED ABOUT 46 YEARS 7. SMT. V.SHYLAJA WIFE OF A RAMAPPA AGED ABOUT 44 YEARS 8. SMT. L. ROOPA WIFE OF A LAKSHMAPPA AGED ABOUT 38 YEARS RESPONDENT NOS.5 TO 8 ARE RESIDING AT NO.24, SUNNY BROOKS SARJAPURA MAIN ROAD NEAR WIPRO CORPORATE OFFICE DODDAKANNALLI CARMELARAM BENGALURU- 560035 …RESPONDENTS (BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R.1 AND R.2; SRI.KRISHNA R, ADVOCATE FOR C/R.5 AND ALSO FOR R.6 TO R.8) - 3 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE BUILDING LICENCE ALONG WITH APPROVED PLAN BEARING LICENCE SL. NO.BBMP/CC/12794/24-25 DATED 02.01.2025 ISSUED BY RESPONDENT NO.4, PRODUCED AS ANNEXURE-X AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner in the captioned writ petition is seeking for the following relief; "(i) Issue a writ in the nature of certiorari or any other appropriate writ or direction quashing the Building Licence along with approved plan bearing Licence Sl. No.BBMP/CC/12794/24-25 dated 02.01.2025 issued by respondent No.4, produced as Annexure-X; (ii) Issue a writ in the nature of prohibition or any other appropriate order or direction against Respondent Nos.5 to 8 not to put up any further construction on property with Khata No.2824, in Sy. Nos.40, 41 and 30 in BBMP Ward No.150, Serenity Layout, Kaikondrahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru; (iii) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction against Respondent No.2 to pass orders under Section 248(3), - 4 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 BBMP Act, 2020 for demolition of the illegal construction on property with Khata No.2824, in Sy. Nos.40, 41 and 30 in BBMP Ward No.150, Serenity Layout, Kaikondrahalli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru; (iv) Grant such other relief/s as this Hon'ble Court may deem fit in the circumstances of the case." 2. Heard learned counsel appearing for the petitioner, learned counsel appearing for respondent Nos.1 to 4 and learned Senior Counsel appearing for private respondent Nos.5 to 8. 3. Facts leading to the case are as under; In the present writ petition, the petitioner claims to be the absolute owner of 6 guntas of land situated in Sy. No.41 of Kailondrahalli Village, Varthur Hobli, Bengaluru East Taluk. The petitioner asserts title to the said property based on a compromise decree dated 04.01.2021 passed in O.S. No.2023/2011, under which the disputed extent of 6 guntas was allegedly allotted to him. - 5 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 4. It is the petitioner’s grievance that respondent Nos.5 to 8, relying on fraudulent documents, have managed to secure a No Objection Certificate (NOC) from the Planning Authority and have commenced construction activities, despite the pendency of a suit for specific performance instituted by respondent No.5 in O.S. No.7425/2022. The petitioner further contends that, pursuant to an interim order dated 23.09.2023 passed in the said suit, respondent No.5 has unlawfully entered the petition property, occupied the disputed 6 guntas, and commenced construction of a residential apartment complex under the name "Sri Balaji Vaibhav." 5. Aggrieved by these developments, the petitioner has filed the instant writ petition seeking a writ of certiorari to quash the building license and the approved building plan, as evidenced at Annexure-H. The petitioner also seeks a writ of prohibition restraining respondent Nos.5 to 8 from carrying out any further construction on the said land. Additionally, a writ of mandamus is sought - 6 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 to direct the respondent authorities to initiate appropriate action under Section 248(3) of the BBMP Act, 2020. 6. Learned counsel for the petitioner, having advanced extensive arguments, has voluntarily chosen to give up the first two prayers originally sought in the writ petition. In light of the said concession, the only surviving issue for consideration is whether this Court can entertain and grant the third prayer, namely, a writ of prohibition restraining respondent Nos.5 to 8 from carrying out any further construction on the disputed property. 7. This prayer, however, is liable to be rejected on two distinct grounds: 8. Firstly, a detailed report dated 15.07.2025 submitted by the learned counsel appearing for respondent-BBMP clearly states that the construction of the residential apartment by the private respondents has already been completed. The report further reveals that, pursuant to a spot inspection conducted by the competent - 7 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 authorities, it has been ascertained that the construction is strictly in conformity with the sanctioned building plan and the building license issued by the BBMP. No deviation or irregularity has been found by the authorities in the course of construction. Hence, in the absence of any established violation, there is no justifiable ground for issuing a writ of prohibition to restrain the private respondents from proceeding with construction that has already been completed in accordance with law. 9. Secondly, it is not open for this Court to grant a prohibitory relief against the private respondents in view of the subsistence of an interim injunction granted in their favour by the jurisdictional civil Court in O.S. No.7425/2022. It is an admitted fact that respondent No.5 has instituted a suit for specific performance against the petitioner, in which the learned trial Court has passed an interim order dated 23.09.2023, restraining the petitioner from interfering with the possession of the private respondents. In such circumstances, any interference by - 8 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 this Court by way of a writ of prohibition would amount to circumventing or overriding the interim order passed by the competent civil Court. Therefore, the prayer seeking a writ of prohibition does not survive for consideration. 10. As regards the final prayer, namely, issuance of a writ of mandamus to direct respondent No.2 to initiate action under Section 248(3) of the BBMP Act, 2020, the same is rendered infructuous in view of the report now placed on record by the BBMP. The said report categorically affirms that the construction undertaken by respondent Nos.5 to 8 is in strict compliance with the approved building plan and the building license issued by the Planning Authority. In the absence of any violation or unauthorized construction, the question of invoking powers under Section 248(3) of the BBMP Act, 2020 does not arise. Accordingly, the writ petition stands dismissed as devoid of merit. - 9 - HC-KAR NC: 2025:KHC:26670 WP No. 14921 of 2025 However, it is made clear that this order will not be an impediment for the petitioner to pursue his remedy in pending suit for possession filed in O.S.No.4293/2025. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11