- 1 - HC-KAR NC: 2025:KHC:41052-DB WA No. 5167 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 5167 OF 2016 (LB-BMP) BETWEEN: 1. SRI H. D. RAMESH, S/O DALAVAYIGOWDA, AGED ABOUT 41 YEARS, R/A No.27, SRINIDHI TRADERS, GANAPATHI NAGARA, PEENYA 3RD STAGE, BENGALURU-560058. …APPELLANT (BY SRI P. N. NANJA REDDY, ADVOCATE) AND: 1. THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560002. 2. ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, PEENYA INDUSTRIAL AREA, WARD No.41, 1ST A CROSS ROAD, MEI COLONY, LAGGERE, BENGALURU-560058. …RESPONDENTS (BY SRI H. DEVENDRAPPA, ADVOCATE FOR R1 & R2 (Absent)) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41052-DB WA No. 5167 of 2016 THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.44508/2015 (LB-BBMP) DATED 22/11/2016. THIS APPEAL COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The learned counsel for the appellant-petitioner is present. No one appears for the respondents. 2. The instant appeal has been filed challenging the order of the learned Single Judge dated 22.11.2016 passed in Writ Petition No.44508/2015 (LB-BBMP). By means of the impugned judgment and order, the writ petition filed by the petitioner has been dismissed with costs and the property of the petitioner was directed to be demolished. 3. It appears that the petitioner is the owner of property bearing No.8, BBMP Katha No.385, Ward No.25, Ganagadeshwara Layout, Ganapati Nagara, Laggere Village, Bengaluru, acquired by means of a registered sale deed dated - 3 - HC-KAR NC: 2025:KHC:41052-DB WA No. 5167 of 2016 14.02.2007. It was stated by him that he started constructing a residential house on the said property after obtaining sanctioned plan from the respondents vide LP No.4269/12/12- 13. On 10.07.2013, a provisional order was passed under Section 321(1) and (2) of the Karnataka Municipal Corporation Act, 19761, directing him to stop the unauthorized construction. The provisional order was confirmed on 22.07.2013 under Section 321(3) of the Act. 4. The petitioner filed an appeal before the Karnataka Appellate Tribunal, Bengaluru,2 which came to be numbered as Appeal No.759/2013. By a judgment dated 17.07.2015, the appeal was dismissed. The Tribunal held that the appellant had not disclosed as to who sanctioned the plan and hence, the same cannot be considered as the name and designation of the officer is not there on the plan. It was observed by the Tribunal that in the provisional order and the confirmation order, it was stated that without obtaining plan and by encroaching upon the neighbourers lands, the building was constructed. Accordingly, the Tribunal held that the 1 Act. 2 Tribunal. - 4 - HC-KAR NC: 2025:KHC:41052-DB WA No. 5167 of 2016 confirmation order and the provisional order do not call for interference. 5. The learned Single Judge, relying upon the order of the Tribunal as well as the fact that the learned counsel for the petitioner was unable to point out any sanction in favour of the petitioner, dismissed the writ petition with costs of Rs.50,000/-. 6. We have perused the record of this appeal and find that Annexure-G is a photocopy of the plan of a residential building stated to be situated at Site No.8, Katha No.141/4, Ganagadeshwara Layout, Laggare, Yeshwanthapura Hobli, Ward No.41, Bengaluru. It bears the signature of the owner Sri H.D. Ramesh as well as the signature and stamp of the Engineers, Valuers and Architects. There is also an imprint, which appears to be a rubber stamp in Kannada as well as in English language stating to be that of the office of the Executive Engineer, Corporation of the City of Bengaluru, LP No.4269/12/12-13, dated 18.03.2013 and valid till 17.03.2015. 7. The order of the Tribunal discloses that the appellant did not disclose before the Tribunal that who sanctioned the plan - 5 - HC-KAR NC: 2025:KHC:41052-DB WA No. 5167 of 2016 and hence, the same cannot be considered as the name and designation of the officer is not there on the plan. 8. We have perused the statement of objections of the respondents. In paragraph - 2 thereof, it is stated that the construction is an absolute false construction on the said property. It has further been stated that the respondents have confirmed the provisional order only after due investigation. However, it has nowhere been stated that the plan that was admittedly produced before the Tribunal is a fraudulent document or that the same was never issued by the Municipal Corporation or that it did not exist in the record of the Municipal Corporation. Verification could have been done easily with reference to the LP number appearing on the plan. As such, we find that the order of the Tribunal fixing onus on the appellant to disclose the name of the Engineer, whose signature appeared on the plan, was not justified. A categorical finding was required to be returned by the Tribunal with regard to the validity of the aforesaid plan, it being the final authority which would consider the facts of the case. In this view of the matter, neither the order of the learned Single Judge that is - 6 - HC-KAR NC: 2025:KHC:41052-DB WA No. 5167 of 2016 impugned in the present appeal, nor the order of the Tribunal dated 17.07.2015 can be sustained. 9. Therefore, this writ petition is allowed. The impugned judgment and order dated 22.11.2016 and the order passed by the Tribunal dated 17.07.2015 cannot be sustained and are set aside. The matter is remanded to the Karnataka Appellate Tribunal, Bengaluru, to take a fresh decision and to give an appropriate finding with regard to the plan concerned in light of the above observations. In view of the disposal of the main appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 18