- 1 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 6842 OF 2025 (LB-BMP) BETWEEN: 1. MR. ZUBEAR AHMED SHARIEF S/O. M.ABDUL JALEEL, AGED ABOUT 61 YEARS, 2. SMT. SHAKILA NAZ, W/O. NOORULLA, AGED ABOUT 65 YEARS BOTH ARE R/A. NO.174/1 AND 174/2, R.V.ROAD, V.V.PURAM, BENGALURU-560 004. …PETITIONERS (BY SMT. ARCHANA MURTHY, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE (BBMP), N.R.SQUARE, BENGALURU-560 002. 2. THE REGIONAL COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE (BBMP), KEMPEGOWDA NAGAR SUB-DIVISION, 2ND FLOOR, WARD NO.143, NAGARA PALIKE BLDG., NO.8, 9TH MAIN, 9TH CROSS ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU-560 011. 3. THE ASSISTANT EXECUTIVE ENGINEER, KEMPEGOWDA NAGAR SUB-DIVISION, 2ND FLOOR, WARD NO.143, NAGARA PALIKE BLDG., Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 H.SIDDAIAH ROAD, BENGALURU-560 027. 4. THE ASSISTANT REVENUE OFFICER, KEMPEGOWDA NAGAR SUB-DIVISION, 2ND FLOOR, WARD NO.143, NAGARA PALIKE BLDG., H.SIDDAIAH ROAD, BENGALURU-560 027. SMT.NAJMUNNISA (SINCE DEAD BY HER LR'S) 5. KHYSER AHMED @ KHYSER AHMED SHARIFF S/O. S.A. SHARIFF, AGED ABOUT 69 YEARS, R/AT.NO.61, TARA 3RD MAIN, BEHIND NADINI HOTEL, MLA LAYOUT, R.T. NAGAR, BENGALURU-560 032. 6. KHADER AHMED SHARIFF S/O. S.A.SHARIFF, AGED ABOUT 63 YEARS, R/AT. NO.30, OBALAPPA STREET, CHIKKA MAVALLI, BENGALURU - 560 004 …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR RESPONDENT NOS.1 TO 4; SRI. MOHAMMED TAHIR, ADVOCATE FOR RESPONDENT NOS.5 AND 6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.2 AND 3 TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER NO.1 DATED 05.06.2024 VIDE ANNEXURE-G AND H AND CONSEQUENTLY DIRECT THE RESPONDENTS NO.2 AND 3 TO DEMOLISH THE ILLEGAL CONSTRUCTION i.e., 3RD AND 4TH FLOORS PUT UP BY THE RESPONDENT NO.5 BY DUE PROCESS OF THE LAW. - 3 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct respondent Nos.2 and 3 to consider the representation dated 05.06.2024 submitted by petitioner No.1 and demolish the illegal construction put up by respondent no.5 by following due process of law. 2. (i) The petitioner contends that Mr. Syed Forooq Ahemd is the owner of property bearing No.174 with PID No.61-35-174 measuring 762.50 sq.ft., Mrs. Zakirunnissa is the owner of property bearing No.174/1 with PID No.61-35-174/1 measuring 759.30 sq.ft., Mrs. Mehrunnissa is the owner of property bearing No.174/2 with PID No.61-35-174/2 measuring 590.63 sq.ft., and Miss. Najmunnissa is the owner of property bearing No.174/3 with PID No.61-35-174/3 measuring 989.50 sq.ft. situated at 2nd Cross, R.V. Road, Bengaluru. The petitioners claim that they represent Mrs. Zakirunnissa and Mrs. Mehrunnissa. They claim that Mrs. Najmunnissa filed an affidavit to amalgamate the above properties measuring - 4 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 3106.93 sq.ft for the purpose of joint development of the same. Thereafter, the respondents amalgamated the khatha of the properties. (ii) It is contended that Mrs. Najmunnissa who was the owner of property bearing No.174/3 measuring 989.50 sq.ft. filed an affidavit before respondent No.4 on 14.10.2020 stating that she was not agreeable to the amalgamation of properties and requested to bifurcate her property. It is further contended that Mrs. Najmunnissa filed another affidavit dated 18.01.2021 purportedly signed by Mr.Syed Farooq Ahamed, Zakirunnissa, Mehrunissa and Najmunnisa seeking de-amalgamation of the properties. The petitioner alleged that the said owners did not sign either the affidavit or the deed of amalgamation and that the signatures found thereon are forged. It is specifically alleged that Zakirunnisa, the mother of the petitioner No.1 died on 02.01.2019 and therefore she could not have signed the affidavit dated 18.01.2021. (iii) The respondents acted upon the deed of amalgamation and the affidavits and amalgamated the excluding property of Mrs. Najmunnissa. Thereafter, the - 5 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 property of Mrs. Najmunnissa was separated and assigned a new property No.174/5. The respondent No.5 being her son, obtained sanction of a building plan to construct a residential house. It is alleged that the construction was put up in violation of the sanctioned plan by deviating the FAR norms and he has put up 3rd and 4th floors. The petitioners submitted several representations to take action against the unauthorized construction. However, the respondent did not take any action. The petitioner therefore, filed W.P.No.18161/2022 to consider their representation. The counsel for the respondents in W.P.No.18161/2022 submitted that a confirmation order under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (henceforth referred to as 'Act, 2020' for short) was already passed and that appropriate steps would be taken to implement the same. (iv) The petitioner contends that the directions issued in W.P.No.18161/2022 were not complied with and therefore they initiated Contempt proceedings in CCC No.116/2023 which came to be dismissed in view of an appeal filed by respondent No.5 against the order passed under Section 248(3) of the Act, 2020. The petitioner contends that appeal filed by respondent - 6 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 No.5 was dismissed on 29.04.2023 upholding the order of confirmation. The petitioners then submitted representations dated 05.06.2024 and requested the respondents to act in accordance with law. However, the respondents have not taken any action. Therefore, the petitioners are before this Court seeking for a direction. 3. The learned counsel for respondent Nos.1 to 4 submits that steps would be taken to implement the order passed under Section 248(3) of Act, 2020. The learned counsel for respondent Nos.5 and 6 submits that respondent No.5 would file appropriate application before the respondents No.1 to 4 for compounding the deviation and prays that suitable directions be issued to respondent No.1 to 4 to consider the representations. 4. I have considered the submissions of the learned counsel for the petitioners and the learned counsel for the respondents. 5. It is apparent from the order passed under Section 248(3) of the Act, 2020 that the respondent No.5 has violated the building plan and also the FAR norms and has put up the - 7 - HC-KAR NC: 2025:KHC:52899 WP No. 6842 of 2025 construction on third and fourth floor. The appeal filed by respondent No.5 before the appellate authority is dismissed. Therefore, the respondent Nos.1 to 4 are bound in law to take necessary action to bring the construction put up by the respondent No.5 in accordance with the sanctioned plan. 6. In that view of the matter, this writ petition is disposed off. Respondent Nos.1 and 3 are directed to take necessary action in accordance with law to implement the order passed under Section 248(3) of the Act, 2020. 7. It is made clear that if respondent No.5 has filed any application for compounding the illegal construction, the respondent No.1 and 3 shall also consider the representation and proceed in accordance with law. This shall be done within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 9