- 1 - HC-KAR NC: 2025:KHC:45933 WP No. 7375 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7375 OF 2017 (LB-BMP) BETWEEN: G. SATYANARAYANA ATRE AGED ABOUT 65 YEARS, S/O S.N. GANESH ATRE, R/O FLAT NO.G-1/G-2, TAKSHASHILA, 1338, 23RD MAIN, POORNAPRAJNA NAGAR, BENGALURU - 560 061. …PETITIONER (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. BRUHATH BENGALURU MAHANAGARA PALIKE BY ITS COMMISSIONER NARASIMHA RAJA SQUARE, BENGALURU - 560 001. 2. THE JOINT COMMISSIONER BOMMANAHALLI ZONE, BRUHATH BENGALURU MAHANAGARA PALIKE, 2ND FLOOR, BEGUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. 3. ASSISTANT DIRECTOR OF TOWN PLANNING BOMMANAHALLI ZONE, BRUHATH BENGALURU MAHANAGARA PALIKE, 2ND FLOOR, BEGUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. 4. ASSISTANT ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45933 WP No. 7375 of 2017 WARD NO.184, UTTARAHALLI, BENGALURU. 5. POORNAPRAJNA RESIDENTS WELFARE ASSOCIATION NO.699, POORNAPRAJNA LAYOUT, UTTARAHALLI KENGERI ROAD, BSK V STAGE, BENGALURU - 560 051 REPRESENTED BY ITS PRINCIPAL SECRETARY. 6. SRI. K.R. NAGENDRA S/O LATE K.RAJA RAO AGED 44 YEARS, R/AT NO.2718, 6TH MAIN ROAD, KUMARASWAMY LAYOUT II STAGE, BENGALURU - 560 078. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4; SRI. S.N. BHAT, ADVOCATE FOR R5; SRI. SWAMINI G. MOHANAMBHA, ADVOCATE FOR SRI. SANDEEP PATIL, ADVOCATE FOR R6) THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TO TAKE APPROPRIATE ACTION AGAINST THE R-6 FOR HAVING VIOLATING THE APPROVED BUILDING PLAN AND BUILDING BYE- LAWS IN THE MATTER OF CONSTRUCTION OF SINGLE UNIT DWELLING HOUSE IN HIS PROPERTY SITE NO.1339 AND BBMP KATHA NO.1348/1339 POORNAPRIJNA HBCS, VADDARAPLAYA VILLAGE, UTTARAHALLI HOBLI, WARD NO.184 BY CONSIDERING THE ONLINE COMPLAINT LODGED BY THE PETITIONER ON 4.10.2016 [ANNEXURE-F] AND ETC., - 3 - HC-KAR NC: 2025:KHC:45933 WP No. 7375 of 2017 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct respondent Nos.1 to 4 to take appropriate action against respondent No.6 for violating the building plan and building byelaws while constructing the building in property bearing No.1339, Khata No.1348/1339 of Poornapragna Housing Board Co- operative Society, Vaddarapalya Village, Uttarahalli Hobli, Bengaluru, by considering the online complaint dated 04.10.2016. 2. The petitioner claims that he is the resident of a flat bearing No.G-1/G-2, Takshashila, 1338, 23rd Main, Poornaprajna Nagara, Bengaluru-560 061. He claims that the layout where the flat is constructed is approved by the Bengaluru Development Authority (BDA) and an area measuring 4048.91 Sq.mtrs is reserved for construction of temple and for other public purposes. Respondent No.6 - 4 - HC-KAR NC: 2025:KHC:45933 WP No. 7375 of 2017 who is the owner of site bearing No.1339, Khata No.1348/1339 situated on the southern side of the premises, tried to put up construction and approached respondent Nos.1 to 3 for a building plan and license. Respondent No.3 has approved the building plan submitted by respondent No.6 permitting him to construct ground + two floors. 3. He further contends that respondent No.6 had displayed a banner in front of his property that Sri Raghavendra Swamy Mutt would be constructed for the benefit of residents of layout. He alleges that respondent No.5 approached respondent No.6 and advised him not to construct the Mutt as the said area is reserved for residential purposes and no religious activity is permitted on a property meant for residential use, as already 1 acre of land is reserved for construction of temple. Nonetheless, respondent No.6 continued to put up construction which compelled the petitioner to file an online complaint on 04.10.2016. - 5 - HC-KAR NC: 2025:KHC:45933 WP No. 7375 of 2017 4. The petitioner claims that since the respondents did not take any action, Writ Petition No.58950/2016 was filed and the same was withdrawn on 14.12.2016 reserving liberty to the petitioner to approach the Municipal Corporation by submitting representation. The petitioner thereafter, submitted several representations and contends that the same are not considered and therefore, he is before this court seeking for direction. 5. Learned counsel for respondent No.6 contends that he has obtained plan and license for construction of Mutt/prayer hall and that he has put up construction in accordance with sanctioned plan. She therefore, contends that this Writ Petition has become infructuous. 6. Learned counsel for respondent Nos.1 to 4 submitted that if respondent No.6 furnishes a copy of the plan, respondent Nos.1 to 4 would examine whether the construction is in accordance with sanctioned plan. He claimed that a notice under Section 313 of the Bruhat - 6 - HC-KAR NC: 2025:KHC:45933 WP No. 7375 of 2017 Bengaluru Mahanagara Palike (BBMP) Act, 2020 is already issued to respondent No.6. 7. In view of the aforesaid submission, it is appropriate to direct respondent No.6 to furnish a copy of plan to the Assistant Executive Engineer, BBMP, Ward No.184, Uttrahalli, Bengaluru, within three weeks from today and the said Assistant Executive Engineer shall take appropriate action to verify whether the construction put up by respondent No.6 is in accordance with law and also it is in accordance with sanctioned plan and byelaws. The same shall be done within a period of three months from the date of receipt of a copy of plan furnished by respondent No.6. Writ Petition stands disposed off on above terms. Sd/- (R. NATARAJ) JUDGE SSD List No.: 1 Sl No.: 2