- 1 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 8554 OF 2025 (LB-BMP) C/W WRIT PETITION NO. 15970 OF 2025 (LB-BMP) IN WP NO. 8554/2025 BETWEEN: MRS.VASANTHA M, AGED ABOUT 65 YEARS, SERVICE CITIZEN BENEFIT'S NOT CLAIMED W/O MR.NARASARAJU.C, RESIDING AT NO. 117, 3RD CROSS, NANDINI LAYOUT 2ND STAGE, ALANAHALLI POST, MYSORE - 570 028 …PETITIONER (BY SRI. DEVAIAH I.S., ADVOCATE) AND: 1. BRUHAT BENGALURU MANANAGARA PALIKE, REPRESENTED BY ITS CHIEF COMMISSIONER, NR SQUARE, BANGALORE - 560 002. 2. ASSISTANT EXECUTIVE ENGINEER, BRUHAT BANGALORE MAHANAGARA PALIKE, KODIGEHALLI SUB-DIVISION, BENGALURU 560 091. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 3. MRS.DHANLAKSHMI K REDDY, AGED ABOUT 55 YEARS, W/O MR.DASARI PRATAP REDDY, PRESENTLY RESIDING AT NO.13605, ALDERTON LANE CERRITOS, CALIFORNIA UNITED STATES. ALSO AT: SITE NO.135, 7TH CROSS, BADRAPPA LAYOUT, MARUTHI NAGAR, BRUHAT BENGALURU MAHANAGARA PALIKE WARD NO. 8, KODIGEHALLI, BANGALORE - 560 092 4. BANGALORE ELECTRICITY SUPPLY CO. LTD., CORPORATE OFFICE, K.R. CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560 001, REPRESENTED BY ITS MANAGING DIRECTOR. 5. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009 REPRESENTED BY ITS CHAIRMAN …RESPONDENTS (BY SRI. SINCHANA M.R., ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI.AKASH.V.T., ADVOCATE FOR RESPONDENT NO.3; SRI.LEELA P DEVADIGA, ADVOCATE FOR RESPONDENT NO.4; SRI.B.S.SRINIVAS, ADVOCATE FOR RESPONDENT NO.5) - 3 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECT THE 1ST AND 2ND RESPONDENT TO IMMEDIATELY TAKE ALL NECESSARY ACTION AS CONTEMPLATED UNDER LAW IN FURTHERANCE TO THE ORDER DATED 12.02.2024 BEARING REF.NO.¸À.PÁ.C./PÉÆ.G.«./¹.N/28/2023- 24 (ANNEXURE-A) PASSED BY THE 2ND RESPONDENT, AND DEMOLISH THE ILLEGAL CONSTRUCTION BEING PUT UP BY THE 3RD RESPONDENT UPON THE SCHEDULE PROPERTY WITHOUT OBTAINING A SANCTIONED BUILDING PLAN AND BY VIOLATING THE PREVALENT LAWS. IN WP NO. 15970/2025 BETWEEN: DR. G. G. GANGADHARAN AGED ABOUT 65 YEARS, S/O. SRI. K. GOPINADHAN NAIR, NO.50, 2ND STAGE, 3RD MAIN, 2ND CROSS, MSH LAYOUT, ANANDANAGAR, BENGALURU-560024. ...PETITIONER (BY SRI.N.KHELTY, ADVOCATE FOR SMT.AKKAMAHADEVI HIREMATH, ADVOCATE) AND: 1. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-560002 REPRESENTED BY ITS COMMISSIONER 2. ASSISTANT REVENUE OFFICER, YELAHANKA SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE-560092, - 4 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 3. SMT. DHANALAKSHMI.K.REDDY, AGED ABOUT 55 YEARS, D/O. LAKSHMAMMA, W/O. DASARI PRATAP REDDY, R/AT. NO.13605, ALDERTON LANE, CERRITOR, CALIFORNIA, UNITED STATES, REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER, SRI.MAHESH REDDY, S/O.SRI. K N K REDDY, AGED ABOUT 57 YEARS, R/AT. NO.15, SRI MALLIKARJUNA NILAYA, 1ST CROSS, ROAD, SWEET WATER WELL ROAD, BEHIND NAGASHETTYHALLI-VTC, BENGALURU-560094. ...RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR RESPONDENT NOS.1 AND 2; RESPONDENT NO.3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 19.05.2025 IN NO.©©JA¦/ªÀ.D(AiÀÄ.ªÀ)/¦.Dgï/91/2025-26 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE A1 AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 5 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 ORAL ORDER The petitioner in WP No.8554/2025 has sought for a writ in the nature of mandamus directing the respondent Nos.1 and 2 to immediately take necessary action as contemplated under law in furtherance of the order bearing Ref. No.¸À.PÁ.C./PÉÆ.G.«./¹.N/28/2023-24 dated 12.02.2024 and demolish the illegal construction put up by the respondent No.3. 2. The petitioner in WP No.15970/2025 is the tenant under the petitioner in WP No.8554/2025 who challenged the notice dated 19.05.2025 in bearing No.©©JA¦/ªÀ.D(AiÀÄ.ªÀ)/¦.Dgï/91/2025-26 issued by respondent No.2. 3. For the sake of convenience, the petition in WP No.8554/2025 is taken up for consideration as the decision in this writ petition will decide the fate of WP No.15970/2025. 4. (i) The petitioner claims that the respondent No.3 is the owner of a site measuring 30 X 40 feet and bearing No.135, situated at 7th Cross, Badrappa Layout, Maruthi Nagara, BBMP Ward No.8, Kodigehalli, Bengaluru. The respondent No.3 had constructed a six-floor building over the said property. The - 6 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 petitioner being a neighbour filed a complaint dated 27.12.2023 before the respondent No.2. She thereafter filed WP No.7247/2024 for a direction to the respondent Nos.1 and 2 to consider and take action against the illegal construction put up by the respondent No.3. The respondent No.2 initiated action against the respondent No.3 and a provisional order dated 16.01.2024 was issued by the respondent No.2 and a confirmation order dated 12.02.2024 was passed. (ii) The respondent No.3 challenged the order under Section 248(3) the Bruhat Bengaluru Mahanagara Palike Act, 2020 (henceforth referred to as 'the BBMP Act, 2020') in appeal No.83/2024 before the respondent No.1, which was later dismissed. The respondent No.3 then challenged the order passed by the Chief Commissioner in WP No.28077/2024. However, she withdrew it on 13.02.2025. Therefore, as the matter stands, the confirmation order passed by the respondent No.2 has sprung back to life. However, the respondents have not taken any follow up action to demolish the illegal construction. The petitioner is therefore before this - 7 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 Court seeking for appropriate direction to the respondents to initiate action. 5. Learned counsel for the petitioner reiterated the above submissions and submitted that the order under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020, has become enforceable, but the respondents are not taking any steps in that regard. He therefore prays that suitable direction be issued to the respondent Nos.1 and 2 to demolish the construction put up by the respondent No.3. 6. (i) The learned counsel for the respondent Nos.1 and 2 submits that an order under Section 356 of the BBMP, Act, 2020, to demolish the building is passed but in view of the interim order passed in WP 15970/2025, the same is not given effect to. (ii) The learned counsel for the respondent No.3 however contends that the property of the respondent No.3 is entered in the 'B' register and the State Government has now taken a policy decision to assess all the properties entered in the 'B' register and assign khatha. He submits that the - 8 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 respondent No.3 would file an appropriate application for assessing the property and registering it in the property records maintained by the respondent No.1. He also submits that the respondent No.3 would file an application for sanction of a plan and if it is found that the respondent No.3 has violated the setback norms, he would take steps to remove the construction. Besides this, he contends that the State Government has proposed to amend the setback norms. Thus, he prays that the respondent No.3 be given adequate time to file appropriate application and the respondent No.2 be directed to reinspect the building thereafter and take necessary action. 7. The petitioner in WP No.15970/2025 claims to be a tenant under the respondent No.3 in WP No.8554/2025. The learned counsel for the petitioner in WP No.15970/2025 reiterated the contentions of the petitioner in WP No.8554/2025. 8. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the contesting respondent No.3 as well as the learned counsel for the petitioner in WP No.15970/2025. - 9 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 9. The respondent No.3 in WP No.8554/2025 though challenged an order passed under Section 248(3) of the BBMP Act, 2020, withdrew the writ petition. Therefore the order passed under Section 248(3) of the BBMP Act, 2020, has become enforceable. The respondent Nos.1 and 2, in pursuance of the said order have passed an order under Section 356 of the BBMP Act, 2020, on 15.05.2024. However, it appears that no action is taken till date even after the order under Section 356 of the BBMP Act, 2020 is passed in view of an interim order granted by this Court in WP No.15970/2025. 10. This Court had directed an inspection of the building to verify whether the petitioner has complied with the building bye-laws, assuming that the plan is not sanctioned by the respondent Nos.1 and 2. The respondent Nos.1 and 2 have inspected the building constructed by the respondent No.3 and have submitted a report indicating that the petitioner has constructed ground stilt and three upper floors. Since the road width is 25 feet as per the report submitted by respondent Nos.1 and 2, the respondent No.3 could definitely not have put up construction of ground, stilt, plus three upper floors. - 10 - HC-KAR NC: 2025:KHC:47725 WP No. 8554 of 2025 C/W WP No. 15970 of 2025 11. In that view of the matter, even if the benefit of the setback norms proposed by the State Government is given to the respondent No.3, the building constructed by him does not qualify to be exempted from any of the provisions of law. It appears that the respondent No.3 has only left 0.3 metres setback on the left and right and has left no setback on the back and the front of the property. 12. In view of the above, the respondent No.3 cannot stop the inevitable to happen. Therefore, the respondent Nos.1 and 2 are directed to forthwith take steps to demolish the construction put up by the respondent No.3. The respondent No.4 and 5 are directed to forthwith disconnect the electricity supply to the building constructed by the respondent No.3. 13. WP No.8554/2025 stands disposed off on the above terms. Consequently, WP No.15970/2025 does not survive for consideration. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 11