- 1 - HC-KAR NC: 2025:KHC:35124 WP No. 27801 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27801 OF 2024 (LB-RES) BETWEEN: 1. MR. NITIN A.M. S/O K.MATHAI AGED ABOUT 31 YEARS R/A NO.4, KAMAL PRASH DENA BANK COLONY, GANGANAGAR BANGALORE-560 032. …PETITIONER (BY SRI. PRIYA KOSHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-560 001. 2. BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY COMMISSIONER, CORPORATION CIRCLE, BANGALORE-560 001. 3. CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) CORPORATION CIRCLE, BANGALORE-560 001. 4. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R.SQUARE, BENGALURU-560 002. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35124 WP No. 27801 of 2024 5. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) EAST ZONE, MAYOHALL, ASHOK NAGAR BENGALURU, KARNATAKA-560 003. 6. ADDITIONAL DIRECTOR TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) GANGANAGAR (WARD NO.20) HEBBAL BENGALURU EAST ZONE. 7. ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) GANGANAGAR (WARD NO.20) HEBBAL BENGALURU EAST ZONE. 8. ASSISTANT ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) GANGANAGAR (WARD NO.20) HEBBAL BENGALURU EAST ZONE 9. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) REP. BY ASSISTANT ENGINEER CORPORATE OFFICE, BESCOM K.R.CIRCLE, BANGALORE-560 001. 10. BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB) REP. BY CHIARMAN 2ND FLOOR, CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU-560 009. 11. KARNATAKA STATE FIRE AND EMERGENCY SERVICES REP. BY DEPUTY INSPECTOR GENERAL OF POLICE - 3 - HC-KAR NC: 2025:KHC:35124 WP No. 27801 of 2024 DISCIPLINARY AUTHORITY NO.1, ANNASWAMY MUDALIAR ROAD BANGALORE-560 042. 12. JYOTHI W/O UNKNOWN AGED ABOUT 55 YEARS # 39, SRI VENKATESHWARA KRUPA 1ST CROSS, DENA BANK COLONY GANGANAGAR, BANGALORE-560 032. …RESPONDENTS (BY SRI. KENCHEGOWDA H.K., AGA FOR R1 & R11; SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R8; SRI. K.S.N.RAJESH, ADVOCATE FOR R9; SRI. B.L.SANJEEV, ADVOCATE FOR R10; SRI. SOMASHEKARA K.M., ADVOCATE FOR R12) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS MANDATING THE RESPONDENT NOS.2, 3, 6 TO 8 TO INITIATE ACTION AS AGAINST RESPONDENT NO.12 FOR THE ILLEGAL CONSTRUCTION AT SITE NO.39, OLD SURVEY NO.22, NEW SURVEY NO.98, GANGANAGAR (OLD WARD NO.38) WARD NO.20, HEBBAL, BANGALORE EAST AND THE BBMP BUILDING BYE LAW CONSIDERING THE COMPLAINT/REPRESENTATIONS FILED BY THE PETITIONER DATED 04.08.2020, 18.11.2020 AND 27.09.2024 i.e., ANNEXURES-A, D1, D2 AND F RESPECTIVELY AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:35124 WP No. 27801 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER On the ground that an illegal construction has been put up on the property which is the subject matter of the writ petition, the present writ petition is filed with the following prayers: "1)To issue writ of mandamus mandating the Respondent Nos.2, 3, 6 to 8 to initiate action as against Respondent No.12 for the illegal construction at Site No.39, Old Survey No.22, new Survey No.98, Ganganagar (Old Ward No.38) Ward No.20, Hebbal, Bangalore East and the BBMP Building bye law considering the complaint/representation filed by the Petitioner dt.04-08-2020, 18-11-2020 and 27-09- 2024 i.e., ANNEXURE-A, D1, D2 & F respectively. 2) Direct the Respondent No.9 to 11 to consider the representation filed dt.27-09-2024 i.e., ANNEXURE-F. 3) Direct the Respondent No.9 to stop/not to extend electricity supply to the illegally constructed building. 4) Direct the Respondent No.10 to stop/not extend water supply to the illegally constructed building. 5) Direct the Respondent No.11 to initiate appropriate actions/proceedings against Respondent No.12 for not complying by the fire safety standards with reference to notification published by the Home Secretariat in Karnataka Rajya Pathra vide KA/BG-GPO/2515/WPP- - 5 - HC-KAR NC: 2025:KHC:35124 WP No. 27801 of 2024 47/2009-2011 having reference No. HD 333 SFB 2011, BANGALORE Dt.07-07-2011 i.e., ANNEXURE-E. 6) Pass such other orders that this Hon'ble Court deems fit in the interest of justice and equity." 2. Learned counsel appearing for respondent no.12 upon instructions, submits that she is not the owner of the property concerned, but she is only a tenant. 3. Learned counsel appearing for respondent nos.2 to 8 upon instructions, submits that necessary action as contemplated in law has been initiated against the owner of the property which is the subject matter of the writ petition. He further submits that the said action will be taken to its logical end after hearing all the affected parties including the owner of the property. 4. The main grievance of the petitioner is that an illegal construction has been put up on the property. 5. In the light of the statement made by the learned counsel for respondent nos.2 to 8 that action has already been initiated against the person concerned, nothing remains in the writ petition. - 6 - HC-KAR NC: 2025:KHC:35124 WP No. 27801 of 2024 6. For the aforementioned reasons, the writ petition is hereby disposed of with a direction to the BBMP to take the action initiated by it to its logical end and pass appropriate orders in accordance with law after hearing all the parties concerned and based on the materials produced before it. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 57