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2025 DAILYLAW 88661 (KAR)

SRI C SHARATH BOPAIAH v. THE COMMISSIONER

WP/13155/2020 · 2025-09-11

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36087 WP No. 13155 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 13155 OF 2020 (LB-BMP) BETWEEN: 1. SRI C. SHARATH BOPAIAH S/O SRI. C. A. BOPAIAH AGED ABOUT 43 YEARS R/AT APARTMENT NO.B2 SUPER PRAMOD RESIDENCY APARTMENT SITUATED AT 5TH MAIN ROAD 7TH CROSS, MALLESHAPALYA NEW THIPPASANDRA POST KAGGADASAPURA VILLAGE K.R. PURA HOBLI BANGALORE-560 075. AND ALSO R/AT#55/L, INDUSTRIAL SUBURB 1ST STAGE, VISHWESHWARA NAGAR MYSORE-570 008. …PETITIONER (BY SRI. S.LAKSHMINARAYANA, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE-560 002. 2. THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36087 WP No. 13155 of 2020 (C.V. RAMANNAGAR SUB-DIVISION) MADAVAMODALIAR ROAD OPP TO PALIKE MATERNITY HOSPITAL COX TOWN, BANGALORE-560 005. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE (C.V. RAMANNAGAR SUB-DIVISION) KASTURINAGARA, BANGALORE-560 043. 4. SRI. SACHIN NAIR S/O NOT KNOWN AGED ABOUT MAJOR PROPERTY NO.289/3 5TH MAIN ROAD, 7TH CROSS, MALLESHAPALYA NEW THIPPASANDRA POST KAGGADASAPURA BANGALORE-560 075. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R3; SMT. SUMA SANNEGOWDA, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.3 TO TAKE ACTION UNDER PROCESS OF LAW PURSUANT TO THE LETTER DATED 31.08.2020 VIDE ANNEXURE-F 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:36087 WP No. 13155 of 2020 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that respondent no.4 has put up an illegal construction on the property which is the subject matter of the writ petition. Hence, he has filed the instant petition with a prayer to direct the Bruhat Bengaluru Mahanagara Palike (BBMP) to initiate appropriate action against respondent no.4. 2. Learned counsel for respondent nos.1 to 3- BBMP upon instructions submits that respondent no.4 has indeed put up illegal construction and that action has been initiated against respondent no.4 in the manner known to law. 3. For the aforementioned reasons, the writ petition is hereby disposed of with a direction to respondent nos.1 to 3-BBMP to initiate appropriate action against respondent no.4 in the manner known to law after giving due opportunity of hearing to both petitioner as well - 4 - HC-KAR NC: 2025:KHC:36087 WP No. 13155 of 2020 as respondent no.4. The same shall be done as expediently as possible. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 34