- 1 - HC-KAR NC: 2025:KHC:33821 WP No. 13517 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 13517 OF 2024 (LB-BMP) BETWEEN: SMT. DHANALAKSHMI W/O L. RAJMURTHY, AGED ABOUT 62 YEARS, R/A NO.611, 3RD MAIN ROAD, ANNAPORNESHWARI NAGARA, BENGALURU - 560 091. …PETITIONER (BY SMT./MISS. BRAMARAMBA DEVI A.R., ADVOCATE FOR SRI. MANOJ .S.N., ADVOCATE (P/H)) AND: 1. SRI NAGARAJ RAO BHOUSLE S/O LATE MAHADEV RAO BHOUSLE AGED ABOUT 80 YEARS, R/AT NO.407, 9TH CROSS, RHCS LAYOUT, BENGALURU - 560009. 2. SRI. SUHAS C/O NAGARAJ RAO BHOUSLE, AGED ABOUT 25 YEARS, R/AT NO.407, 9TH CROSS, RHCS LAYOUT, BENGALURU - 560009. 3. THE STATE OF KARNATAKA REPRESENTED BY PRL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 01. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33821 WP No. 13517 of 2024 4. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU - 560 002. 5. ASSISTANT EXECUTIVE ENGINEER BBMP WARD NO.129 O/AT #18TH CROSS IDEAL HOMES LAYOUT, RR NAGAR, BENGALURU - 560 098. 6. ASSISTANT DIRECTOR OF TOWN PLANNING, RAJARAJESWARI NAGAR, SUB DIVISION, BENGALURU - 560 098. …RESPONDENTS (BY SRI. C.N. MAHADESHWARAN, ADVOCATE FOR SRI. GIRISH D.S., ADVOCATE FOR R1 (P/H) SRI. KENCHEGOWDA H.K., AGA FOR R3 (P/H) SRI. K.S. MALLIKARJUNA REDDY, ADVOCATE FOR R4 TO R6 (P/H), R2 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO 5 TO TAKE APPROPRIATE TIMELY ACTION AGAINST THE RESPONDENT NO.1 AND 2 BY CONSIDERING THE COMPLAINT/REPRESENTATION DATED.18.04.2024 VIDE ANNEXURE-H DATED.18.04.2024. GRANT AND INTERIM ORDER TO DIRECT THE 4TH AND 5TH RESPONDENT TO STOP THE ILLEGAL CONSTRUCTION OF RESPONDENT NO.1 AND 2 ON THE SCHEDULE B PROPERTY AND ALTERNATIVELY RESTRAIN THE RESPONDENT NO.1 AND 2 FROM CARRYING ON THE - 3 - HC-KAR NC: 2025:KHC:33821 WP No. 13517 of 2024 CONSTRUCTION ON THE SCHEDULE B PROPERTY PENDING DISPOSAL OF THIS PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER On the ground that respondent Nos.1 and 2 are putting up an illegal construction on the property adjacent to that of the petitioner, the petitioner has filed the instant writ petition with the following prayer. "a) Issue a writ of mandamus directing the respondent no.3 to 5 to take appropriate timely action against the respondent no.1 and 2 by considering the complaint/representation dt:18.04.2024 vice Annexure-H dt:18.04.2024 b) Award costs of proceedings. c) Grant any other relief or reliefs in the interest of justice and equity". 2. Learned counsel for respondent - BBMP, upon instructions submit that subsequent to filing of the writ petition, - 4 - HC-KAR NC: 2025:KHC:33821 WP No. 13517 of 2024 necessary notices have been issued to respondent Nos.1 and 2 in respect of the alleged illegal construction of the property. 3. It is further submitted by the learned counsel for respondent Nos.1 and 2 that pursuant to receipt of the said notices, further construction has been stopped. However, it is submitted that no illegal construction is being put up. 4. Both the counsel for the petitioner and respondent Nos.1 and 2 pray that a due enquiry may be conducted regarding the alleged illegal construction by BBMP and suitable decision may be taken in this regard. It is further submitted that such a decision should be taken after hearing both the petitioner and respondent Nos.1 and 2. The counsel for BBMP has no objection in this regard. He further submits that the Zonal Commissioner is the officer having the necessary jurisdiction. 5. Hence the following; ORDER. Writ petition is disposed of. The jurisdictional Zonal Commissioner - BBMP is directed to hear petitioner and respondent Nos.1 and 2, in respect of the illegal construction being put up on the property, which is the - 5 - HC-KAR NC: 2025:KHC:33821 WP No. 13517 of 2024 subject matter of the writ petition and thereafter, pass appropriate orders in accordance with law. Parties shall appear before the Jurisdictional Zonal Commissioner on 22.09.2025. Respondent Nos.1 and 2 shall not put up any further construction on the property, till the decision is taken by the authorities concerned. The authority concerned shall decide the matter on merits without being influenced by any of the observations made hereinabove. Sd/- (M.I.ARUN) JUDGE BH CT:VS List No.: 1 Sl No.: 23