Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49105 WP No. 16807 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 16807 OF 2025 (LB-BMP) BETWEEN:
SUBRAMANI D.N.
S/O. K.B. NANJUNDA SHETTY, AGED ABOUT 73 YEARS, R/AT. NO.147, 4TH CROSS, LALBAGH ROAD, S.C. GARDEN, BENGLAURU-560027. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND:
1.
THE COMMISSIONER, B.B.M.P., N.R. SQUARE, BENGALURU - 560053.
2.
THE ASSISTANT EXECUTIVE ENGINEER, KEMPEGOWDA NAGAR, SUB-DIVISION, 2ND FLOOR, 1ST CROSS, H.C. SIDDAIAH ROAD, BENGALURU-560 002.
3.
THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BBMP BUILDING, 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU-560 011.
4.
SMT. SUNANDA JOSHI, W/O. VENKATESH,
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49105 WP No. 16807 of 2025
AGED ABOUT 56 YEARS, R/AT. NO. 145, 4TH CROSS, LALBHAG ROAD, BENGLAURU-27. …RESPONDENTS (BY SRI. VAIBHAV RAVI MALIMATH, ADVOCATE FOR RESPONDENT NOS.1 TO 3;
RESPONDENT NO.4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS 1 TO 3 TO TAKE ACTION TO ENFORCE THE ORDERS PASSED BY THE 3RD RESPONDENT DATED 24/7/2023 IN SL.SA.NE.NEO(D)/CO/72/2023-24, VIDE., ANNEXURE-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct respondent Nos.1 to 3 to enforce the orders bearing No.¸À.¤.£ÀAiÉÆÃ(zÀ)/¹N/72/2023-24 dated 24.07.2023 passed by the respondent No.3 under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (henceforth referred to as 'BBMP Act, 2020').
2. This Court had on 02.07.2025 passed the following
order:
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HC-KAR NC: 2025:KHC:49105 WP No. 16807 of 2025
"Await notice to respondent No.4.
The captioned writ petition is filed seeking a direction against the respondents to enforce the order dated 24.07.2023 passed by respondent No.3 under Section 248(3) of the BBMP Act, 2020 as per Annexure-D.
Pursuant to the interim order passed by this Court,
learned counsel appearing for the BBMP submitted that the construction undertaken by respondent No.4 is stopped.
Since notice is yet to be served, this matter is adjourned by two weeks and ordered to be re-listed in the preliminary hearing on 22.07.2025.
In the meanwhile, respondent No.3 shall ensure the compliance of the order passed under Section 248(3) of the BBMP Act, 2020 as mandated under Section 356 of the BBMP Act, 2020."
3. The learned counsel for the respondent Nos.1 to 3 submits that the respondent Nos.1 to 3 have stopped the construction being put up by the respondent No.4, which is not disputed by the learned counsel for the petitioner. The learned counsel for the respondent Nos.1 to 3 submits that further steps would be taken to implement the order passed under Section 248(3) of the BBMP Act, 2020.
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HC-KAR NC: 2025:KHC:49105 WP No. 16807 of 2025
4. In view of the above, this writ petition stands
disposed off, directing the respondent Nos.1 to 3 to take necessary action as provided in law to implement the order passed under Section 248(3) of the BBMP Act, 2020, within a reasonable time. Until then, the respondent Nos.1 to 3 shall ensure that there is no further construction by the respondent No.4.
Sd/- (R. NATARAJ) JUDGE
BKN/List No.: 1 Sl No.: 26