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2025 DAILYLAW 87161 (KAR)

DR NALINI PARAMESHWARA v. BRUHATH BENGALURU MAHANAGARA PALIKE

WP/32396/2025 · 2025-10-29

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43074 WP No. 32396 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 32396 OF 2025 (LB-BMP) BETWEEN: 1. DR. NALINI PARAMESHWARA W/O. LATE DR.V PARAMESHWARA, AGED ABOUT 90 YRS, R/O NO 54(10/3), KUMARA KRUPA ROAD, BENGALURU-560001 2. ASHVIN VISHWANATH S/O DR.V PARAMESHWARA, AGED ABOUT 51 YEARS, R/O NO.43, FLETCHER AVENUE LEXINGTON MA 02420, USA PRESENTLY AT NO.54(10/3), KUMARA KRUPA ROAD, BENGALURU-560001 REPRESENTED BY HIS POA HOLDER OF 1ST PETITIONER 3. APARNA SURESH, W/O SURESH, AGED ABOUT 55 YEARS, R/O NO.12429, BUTLER WAY CA 92782, UNITED STATES OF AMERICA, PRESENTLY AT NO.54(10/3), KUMARA KRUPA ROAD, BENGALURU-560001 …PETITIONERS (BY SRI. ARVIND PATTER FOR SREEDHAR K., ADVOCATES) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43074 WP No. 32396 of 2025 AND: 1. BRUHATH BENGALURU MAHANAGARA PALIKE CENTRAL ZONE, REPRESENTED BY ITS COMMISSIONER, BENGALURU 2. THE ASSISTANT REVENUE OFFICER WARD NO.93, BBMP, VASANTHNAGAR, BENGALURU- 560052 …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2 TO CHANGE THE NATURE OF THE PROPERTY FROM NON RESIDENTIAL TO RESIDENTIAL ZONE IMMEDIATELY BY CONSIDERING REPRESENTATION DATED 13/10/2025 VIDE ANNEXURE-B AND ETC., 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.1 and 2 to consider their representation dated 13.10.2025 for changing the usage of the property from non-residential to residential use. - 3 - HC-KAR NC: 2025:KHC:43074 WP No. 32396 of 2025 2. The petitioners contend that their predecessor Dr. V.Parameshwara was practicing in a portion of his residence at No.44/17/1, Devaraj Urs Road (Race Course Road), Bengaluru. They contend that since the residence was used for professional activity, the premises was treated as a 'non- residential premises'. They contend that Dr. V.Parameshwara died leaving behind the petitioners and therefore, the premises is no longer used for any professional activity. They contend that they are presently using the premises for residential purposes. They, therefore, submitted a representation dated 13.10.2025 requesting that the premises be treated as a 'residential premises' and assessed accordingly. They contend that the said representation is not considered and therefore pray that a direction be issued. 3. Learned counsel for the respondents contends that the respondents would consider the representation in accordance with law. 4. As the respondents are bound to consider the representation given by the petitioners and in view of the submission made by the learned counsel for the respondents, - 4 - HC-KAR NC: 2025:KHC:43074 WP No. 32396 of 2025 this writ petition deserves to be disposed off directing the respondents to consider the representation of the petitioners in accordance with law. 5. Accordingly, the writ petition is disposed off. The respondents are directed to consider the representation of the petitioners in accordance with law within three months from the date of receipt of a copy of this order. 6. It is made clear that this Court has not expressed any opinion on the merits of the representation of the petitioners. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 18