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High Court of Karnataka · body
2025 DAILYLAW 81487 (KAR)
SMT. SUMAN V v. THE COMMISSIONER
WP/35814/2025 · 2025-12-04
R Nataraj
body2025
[ 2025 DAILYLAW 81487 (KAR) · dailylaw.ai ]
[ 2025 DAILYLAW 81487 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50930 WP No. 35814 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 35814 OF 2025 (LB-BMP) BETWEEN:
SMT. SUMAN V WIFE OF MADHU F AGED ABOUT 33 YEARS, NO.304, 3RD CROSS, VHBC LAYOUT BEHIND NAYARA PETROL BUNK RAJARAJESHWARI NAGAR BENGALURU - 560 098. …PETITIONER (BY SRI. P DHANANJAYA, ADVOCATE FOR SRI. VENKATARAVANAPAPA M, ADVOCATE)
AND:
1.
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) NOW KNOWN AS GREATER BENGALURU AUTHORITY, N.R. SQUARE, BENGALURU - 560 002.
2.
THE ZONAL COMMISSIONER, WEST ZONE OFFICE BRUHAT BENGALURU MAHANAGARA PALIKE NOW KNOWN AS GREATER BENGALURU AUTHORITY, BHASHAM PARK, SHESHADRIPURAM BENGALURU - 560 003.
3.
THE EXECUTIVE ENGINEER RAJAJINAGAR DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE NOW KNOWN AS GREATER BENGALURU AUTHORITY, RAJAJINAGAR, BENGALURU - 560 010.
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50930 WP No. 35814 of 2025
4.
THE ASSISTANT EXECUTIVE ENGINEER SRIRAMAMANDIRA SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE NOW KNOWN AS GREATER BENGALURU AUTHORITY, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENT NOS.1 TO 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING AN IMPUGNED CONFIRMATION ORDER VIDE NO.BBMP/VA.AA/PA.VA/PR/ /2025-26. UNDATED, WHICH IS HEREBY PRODUCED AS ANNEXURE-A PASSED BY THE RESPONDENT NO.4 HEREIN AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER
The petitioner has sought for quashing the undated confirmation order bearing No.©©JA¦/ªÀ.C./¥À.ªÀ./¦.Dgï/ /2025-26 passed by the respondent No.2 and provisional orders bearing No.¸À.PÁ.¤.C/²æÃgÁªÀÄ/¦.ಓ./60/21-22 dated 05.03.2022 and No.¸À.PÁ.¤.C/²æÃgÁªÀÄ/¦.ಓ/03/23-24 dated 29.09.2023, passed by the respondent No.4.
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HC-KAR NC: 2025:KHC:50930 WP No. 35814 of 2025
2. (i) The petitioner contends that her mother was the owner of a property bearing No.229/A, 55th Cross, 3rd Block, Rajajinagar, Bengaluru-560 010, which was assigned PID No.4388164285. The petitioner's mother executed a gift deed dated 13.12.2019 bequeathing the said property in favour of the petitioner and accordingly, revenue and municipal documents were transferred to the name of the petitioner. The petitioner contends that a building plan was sanctioned by the then Town Planning Authority and a building was constructed over the property about 20 years ago.
(ii) After the property was transferred to the name of the petitioner, she addressed a letter dated 20.06.2022 to the respondent No.3 requesting that all future correspondences be addressed to her name. Nonetheless, the respondent No.3 issued a provisional order, show-cause notice and confirmation
order in the name of her mother and attempted to execute the same against the building in question, which is now transferred to the petitioner. The petitioner therefore, contended that she had no opportunity to oppose and file her reply to the provisional order and the show-cause notice. Thus, she contends that the impugned confirmation order as well as the
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HC-KAR NC: 2025:KHC:50930 WP No. 35814 of 2025
provisional orders being addressed to a person, who did not have any subsisting title to the property, are liable to be set aside.
3. The learned counsel for the petitioner reiterated the above contentions and submitted that the impugned provisional orders as well as the confirmation order are liable to be set aside as the same are not addressed to the petitioner and the petitioner had no opportunity to oppose the same.
4. The learned counsel for the respondent Nos.1 to 4 fairly conceded that the provisional orders as well as the confirmation order in question were addressed to the mother of the petitioner and not to the petitioner, who is the present owner of the property in question. He therefore, submits that the petition be disposed off reserving liberty to the respondent Nos.1 to 4 to proceed against the petitioner in accordance with law.
5. In view of the aforesaid submission, the following
order is passed:
ORDER (i) This petition is allowed.
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HC-KAR NC: 2025:KHC:50930 WP No. 35814 of 2025
(ii) The confirmation
order bearing No.©©JA¦/ªÀ.C./¥À.ªÀ./¦.Dgï/ /2025-26 undated passed by the respondent No.2 and provisional orders bearing No.¸À.PÁ.¤.C/²æÃgÁªÀÄ//¦.ಓ/60/21-22 dated 05.03.2022 and No.¸À.PÁ.¤.C/²æÃgÁªÀÄ//¦.ಓ/03/23-24 dated 29.09.2023, passed by the respondent No.4 are quashed. (iii) It is however, open for the respondent Nos.1 to 4 to take fresh action against the petitioner and the building in question in accordance with law. (iv) It is needless to mention that if any action is taken, the petitioner shall be notified and shall be heard before any orders are passed.
6. In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand
disposed off.
Sd/- (R. NATARAJ) JUDGE
PMR List No.: 1 Sl No.: 72