- 1 - HC-KAR NC: 2025:KHC:34061 WP No. 26477 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26477 OF 2024 (LB-BMP) BETWEEN: 1. SMT. N. JAYASHREE W/O P. J. DEVARAJU AGED ABOUT 68 YEARS NO. 33/2, 3RD CROSS, 4TH BLOCK KUMARA PARK WEST BANGALORE-560 020. …PETITIONER (BY SRI. NAGENDRA NAIK R., ADVOCATE) AND: 1. COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE-560 002. 2. ZONAL COMMISSIONER BBMP, WARD NO.94 JAI BHEEMA NAGAR, SEVASHRAMA, BENGALURU KARNATAKA-560 020. 3. CHIEF ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 4. ASSISTATNT EXECUTIVE ENGINEER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34061 WP No. 26477 of 2024 BRUHAT BENGALURU WARD NO.94 UPPARPETE, CHICKPET, BENGALURU KARNATAKA-560 053. 5. ASSISTANT DIRECTOR OF TOWN PLANNING GANDHINAGAR WARD NO.94 OPPOSITE TO MANTRI MALL JAI BHEEM NAGAR, SEVASHRAMA BENGLAURU, KARNATAKA-560 020. 6. M. RAJENDRA KUMAR JAIN NO.34, 3RD CROSS, 4TH BLOCK KUMARA PARK WEST, BANGALORE-560 020. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R5; SRI. SANJAY H.SETHIYA, ADVOCATE FOR R6) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT Nos.1 TO 5 TO ACT UNDER THE BBMP ACT AND RULES TO REMOVE THE ILLEGAL CONSTRUCTION IN SITE NO.34, HAVING PID NO.27- 88-34, 3RD CROSS, 4TH BLOCK, KUMARA PARK WEST, BANGALORE-560 020 CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 21.08.2024 AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34061 WP No. 26477 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that respondent no.6 is putting up an illegal construction on the writ petition schedule property. Hence, she has given a representation to respondents-Bruhat Bengaluru Mahanagara Palike to initiate appropriate action against respondent no.6. As action was initiated against respondent no.6 by respondent no.5, who has no jurisdiction to initiate and not by respondent no.2, who has the necessary power to initiate appropriate action, the present writ petition is filed with the following prayers: "a) Issue a Writ in the nature of Mandamus to the Respondent Nos.1 to 5 to act under the BBMP Act and Rules to remove the illegal construction in Site No.34, having PID No.27-88-34, 3rd Cross, 4th block, Kumara Park West, Bangalore-560020 considering the Representation of the Petitioner dated 21.08.2024 and; b) To remove the unauthorized construction by the Respondent No.6 in Site No.34, having PID No.27-88-34, 3rd cross, 4th block, Kumara Park West, Bangalore-560 020, and c) To pass such other orders and orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:34061 WP No. 26477 of 2024 2. Learned counsel for respondent no.6 submits that the building has been constructed in accordance with law and no illegality has been committed. 3. Learned counsel for respondents-BBMP upon instructions submits that liberty may be given to respondent no.2 to initiate appropriate proceedings against respondent no.6 irrespective of the procedure initiated by respondent no.5. 4. If there is any illegal construction of a building, it is for the respondents-BBMP to address the issue. In the instant case, the provision of law authorizes respondent no.2 to initiate appropriate action against respondent no.6 if he has put up any illegal construction. Hence, the following: ORDER i) Respondent no.2 is directed to conduct necessary enquiry and initiate appropriate action in accordance with law against respondent no.6, if it is warranted, irrespective of the action initiated by respondent no.5 so far; - 5 - HC-KAR NC: 2025:KHC:34061 WP No. 26477 of 2024 ii) Respondents-BBMP shall initiate appropriate action after giving an opportunity of hearing to both the petitioner and respondent no.6; iii) Respondent no.6 is directed not to put up any additional construction. However, he is permitted to do the interior works on the structure already put up, which shall however be subject to result of the decision to be taken by BBMP; iv) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 45