- 1 - HC-KAR NC: 2025:KHC:49401-DB W.P. No.29388/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.29388/2025 (LB-BMP) BETWEEN: DR. R. SHANKAR SECRETARY DALITH HINDHULIDHA ALPASANKYATHARA SANGHA(R) NO.3, DODDAMAVALLI LALBAGH, MAIN ROAD BENGALURU 560002 AADHAR NO. 782529702828 PH NO. 919845534466 PAN No-AFJPR8125D E-MAIL-NAVEESHANKARO@GMAIL.COM …PETITIONER (BY SMT. NIKHITHA, ADV.,) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHAN AOSUDHA AMBEDKAR VEDDHI BENGALURU 560 001. 2. BRUHAT BENGALURU MAHANAGARA PALIKE REP BY ITS COMMISSIONER N R SQUARE Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:49401-DB W.P. No.29388/2025 KARNATAKA BENGALURU 560002. 3. THE ZONAL COMMISSIONER BBMP EAST ZONE SHESHADRIPURAM MALESHWARAM BENGALURU 560008. 4. THE ASSISTANT DIRECTOR TOWN PLANNING BASHYAM PARK SHESHADRIPURAM MALLESHWARAM BENGALURU 560 008. 5. SUDHARSHAN SILKS NO.9, 8TH CROSS 3RD MAINROAD MARGOSA ROAD MALLESHAWARAM BENGALURU 560008 REP. BY ITS MANAGING DIRECTOR MR.JAYANTH. …RESPONDENTS (BY SRI. S.H. PRASHANTH, ADV., FOR R2 SMT. PRAMODHINI KISHAN, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR OTHER WRIT, ORDER, DIRECTION TO THE RESPONDENTS No.1 TO 4 TO EXERCISE THEIR STATUTORY DUTY AND TAKE ACTION AGAINST THE 5TH RESPONDENT IN ACCORDANCE WITH LAW INCLUDING REMOVING THE UNAUTHORIZED CONSTRUCTION AND RECOVER THE COSTS OF THE SAME FROM THE 4TH RESPONDENTS. ISSUE A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION DATED 10.03.2025 GIVEN BY THE PETITIONER TO RESPONDENT No.4 VIDE ANNEXURE-A & ETC. - 3 - HC-KAR NC: 2025:KHC:49401-DB W.P. No.29388/2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This Public Interest Litigation is filed seeking the following reliefs: a) Issue a writ of mandamus or other writ, order, direction to the respondents no.1 to 4 to exercise their statutory duty and take action against the 5th respondent in accordance with law including removing the unauthorized construction and recover the costs of the same from the 4th respondent. b) Issue a writ of mandamus to consider the representation dated 10.03.2025 given by the petitioner to Respondent no.4 vide Annexure-A." 2. Sri.S.H.Prashanth, learned counsel for the respondent Nos.2 and 3 - BBMP has filed a memo dated 27.11.2025 indicating that based on the representation submitted by the petitioner, the respondent/BBMP has initiated action by issuing notice dated 17.06.2025. It is submitted that the petitioner has filed O.S.No.25888/2025 against the Chief - 4 - HC-KAR NC: 2025:KHC:49401-DB W.P. No.29388/2025 Commissioner, BBMP, wherein the trial Court has granted exparte injunction and the said order is in force. 3. We have heard both sides and perused the material available on record. 4. The grievance of the petitioner is to take action against respondent No.5 based on the representation at Annexure-A contending that the construction of respondent No.5 is in violation of the building plan. The memo filed by the BBMP indicate that the BBMP has initiated proceedings by issuing notice on 17.06.2025 and thereafter the respondent No.5 has filed O.S.No.25888/2025 before the trial Court, wherein the IV Additional City Civil and Sessions Judge has passed the following order: "Ad-interim order of temporary injunction is granted as prayed in IA No.I till next date of hearing. Defendant, their men, agents, officials or anybody through or under them are restrained from demolishing and damaging or in any way interfering with the plaintiffs’ lawful possession of the suit property till the next date of hearing. Plaintiffs are directed to strictly comply the provisions of Order XXXIX Rules 3 (a) and (b) of CPC. - 5 - HC-KAR NC: 2025:KHC:49401-DB W.P. No.29388/2025 Office is directed to issue emergent notice on I.A. No.I, suit summons and TI order to defendant both through court process and RPAD. Certified copy of this order be issued only after plaintiffs comply the provisions of XXXIX Rule 3(a) and (b) of CPC and take steps against defendant as ordered. Returnable by 10.10.2025." 5. In view of the aforesaid order of the trial Court, this Court cannot issue mandamus to the BBMP to act further on the representation of the petitioner. Hence, in view of the subsequent development, the writ petition is disposed of. It is needless to observe that the BBMP shall take steps in accordance with law after disposal of the suit in O.S.No.25888/2025. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 10