- 1 - HC-KAR NC: 2025:KHC:34455-DB WP No. 7415 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 7415 OF 2025 (LB-UC-PIL) BETWEEN: 1. ASHRAF ALIKHAN AGED ABOUT 47 YEARS S/O. ALLABAKASH NOW-RESIDING AT PRUTHVI ROYAL APARTMENT FLAT NO.G14, GROUND FLOOR M.L.A, LAYOUT, KAALENA AGRAHARA, GOTTIGERE VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU 560076. …PETITIONER (BY SRI. B S NAGARAJ.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION VIDHANA SOUDHA, BENGALURU 560 001 2. THE COMMISSIONER BENGALURU BRUHATH MAHANAGARA PALIKE, BENGALURU -560001 Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34455-DB WP No. 7415 of 2025 3. THE ASSISTANT EXECUTIVE ENGINEER (AEE) BEGUR WARD-192 BOMMANAHALLI SUB-DIVISION BENGALURU SOUTH, BENGALURU - 5600114. 4. M/S. CORNERSTONE BUSINESS SOLUTIONS REPRESENTED BY ITS PARTNER SRI, SHIVA SWAMYNATH, NO.7, TRUST PAKKAM, NORTH STREET, MANDAVEIL, CHENNAI-600028. 5. M/S. AJAYA CONSTRUCTIONS REPRESENTED BY ITS PROPRIETOR R.N. SKANDA KUMAR, NO.211, 4TH MAIN VIVEKNAGAR BENGALURU-560047 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR RESPONDENT No.1, SRI. AMIT ANAND DESHPANDE, ADVOCATE FOR RESPONDENT NOS.2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER, DIRECTING RESPONDENT No.3 / ASSISTANT EXECUTIVE ENGINEER (AEE), TO TAKE NECESSARY ACTION TO CLEAR THE UNAUTHORISED CONSTRUCTION BY CONSIDERING THE REPRESENTATION (COMPLAINT) DATED 31.12.2022, COPY SUBMITTED AT ANNEXURE-A AND FURTEHR DIRECT RESPONDENT NOS.2 AND 3, IF - 3 - HC-KAR NC: 2025:KHC:34455-DB WP No. 7415 of 2025 NECESSARY, TO TAKE ACTION TO REMOVE THE ILLEGAL CONSTRUCTION AND TO PROTECT THE PUBLIC PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner who is since deceased, had filed the present petition, inter alia praying as under: "1) Issue a writ in the nature of Mandamus or any other appropriate Writ or order, directing the Respondent No.3 - Assistant Executive Engineer (AEE), to take necessary action to clear the unauthorised construction by considering the Representation (Complaint) dated 31.12.2022, copy submitted at Annexure-A, and further directed the respondent No.2 and 3 if necessary, to take action to remove the illegal construction and to protect the Public Property." 2. The petitioner has since expired and is unable to pursue the present petition, however, given the limited scope of the prayer - 4 - HC-KAR NC: 2025:KHC:34455-DB WP No. 7415 of 2025 made, we consider it apposite to dispose of the present petition by directing respondent No.3 [Assistant Executive Engineer], to examine the complaint dated 31.12.2022 of unauthorised construction filed by the petitioner and if it is found that the construction has been raised contrary to law, the concerned authority shall take necessary steps, albeit in accordance with law. 3. Petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 9