- 1 - HC-KAR NC: 2025:KHC:31532 WP No. 2292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2292 OF 2025 (LB-BMP) BETWEEN: 1. SRI. G.MOHANKUMAR S/O LATE GOVINDAREDDY AGED ABOUT 50 YEARS R/AT NO.25 AND 26, 1ST MAIN 4TH CROSS, GOVINDAREDDY LAYOUT GANAPATHIPURA, KONANKUNTE POST BANGALORE-560 062. …PETITIONER (BY SRI. VASANTH KUMAR B.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU - 09 REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER BRUHAT BENAGALURU MAHANAGARA PALLIKE N.R.SQUARE, BENGALURU-560 002. 3. THE EXECUTIVE ENGINEER KONANKUNTE SUB DIVISION BRUHAT BENAGALURU MAHANAGARA PALLIKE BENGALURU-560 048. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31532 WP No. 2292 of 2025 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE 1ST FLOOR, BBMP HEAD OFFICE, N.R.ROAD SAMPANGIRAM NAGAR, BENGALURU-560 002. 5. SMT.SUNDARAMMA, W/O LATE G.MANJUNATH AGED ABOUT 45 YEARS R/O NO.11-2, VINAYAKA STREET GOVINDAREDDY LAYOUT, GANAPATHIPURA KONANKUNTE POST, BANGALORE-560 062. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SMT. SUMANGALA G., ADVOCATE FOR R2 TO R4; SRI. SUNEEL S.NARAYAN, ADVOCATE FOR R5) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION/COMPLAINT DATED 17.12.2024 AND 18.12.2024 AT ANNEXURES-C AND D AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:31532 WP No. 2292 of 2025 ORAL ORDER The case of the petitioner is that item No.1 of the writ petition schedule property is in his possession and item No.2 of the writ petition schedule property is in possession of respondent no.5. It is submitted that respondent no.5 is putting up an illegal construction on her property in violation of building bye-laws and the sanctioned plan and hence, he has made a representation to BBMP to initiate appropriate action against the illegal construction of the building by respondent no.5 on item No.2 of the writ petition schedule property. As the same has not been considered so far, the present writ petition is filed with the following prayers: "a) Issue Writ of Mandamus or order or direction, directing the respondents to consider the representation/complaint dated 17.12.2024 and 18.12.2024 at Annexure-"C" and "D". b) To pass such other relief(s) as deem fit in view of the above said facts and circumstances, in the interest of justice and equity." 2. On 29.04.2025, this Court has passed the following interim order: - 4 - HC-KAR NC: 2025:KHC:31532 WP No. 2292 of 2025 "Respondent-BBMP is at liberty to take action after the spot inspection if it is found that there are illegalities in construction as asserted by the petitioner. Re-list the matter on 09.06.2025." 3. When the matter is taken up today, learned counsel for BBMP submits that BBMP is yet to survey the property as directed by this Court and she has no instructions regarding the same. 4. Learned counsel for respondent no.5 submits that she has put up construction in accordance with law and it is in fact the petitioner himself has violated the law and put up illegal construction. 5. The allegations or the counter allegations made in the writ petition pertain to illegal construction of the building by the petitioner and respondent no.5. Unfortunately, BBMP is not in a position to assist the Court as to who has put up construction in violation of building bye-laws and the sanctioned plan. The lis involves disputed question of facts which cannot be decided by this Court while exercising its powers under Article 226 of the Constitution of India. However, - 5 - HC-KAR NC: 2025:KHC:31532 WP No. 2292 of 2025 it does not preclude this Court from issuing necessary directions to BBMP to consider the request of the parties concerned and take appropriate action against the erring party. 6. Hence, the following: ORDER (i) Respondent nos.2 to 4 are directed to inspect the buildings of the petitioner as well as respondent no.5 on Item No.1 and Item No.2 of the writ petition schedule properties and determine whether the buildings have been constructed in accordance with law after obtaining the necessary plan sanction and if there are any violation, suitable action shall be initiated against both the petitioner as well as respondent no.5 in accordance with law. (ii) The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG