- 1 - HC-KAR NC: 2026:KHC:19674 WP No. 10728 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10728 OF 2026 (LB-BMP) BETWEEN: 1. SRI. B.K.MALLAPPA AGED ABOUT 65 YEARS S/O SRI. BASAVE GOWDA R/AT NO.1491, 21ST CROSS 10TH MAIN, B BLOCK SAHAKARNAGAR, BANGALORE-560 092. …PETITIONER (BY SRI. AKASH V.T., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY N.R.SQUARE, BENGALURU BANGALORE-560 002. 2. ZONAL COMMISSIONER YELAHANKA ZONE GREATER BENGALURU AUTHORITY BANGALORE-560 092. …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 07/2/2026 IN APPEAL NO.275/2025, PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-L AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19674 WP No. 10728 of 2026 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The provisional and confirmation order has been passed against the petitioner by the Greater Bangalore Authority (GBA) for putting up construction in violation of building bye-laws and the sanctioned plan. Aggrieved by the same, the petitioner filed an appeal before respondent no.1. The hearing was scheduled on 07.02.2026. However, due to the absence of petitioner, the appeal has been dismissed for non-prosecution. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that, there was miscommunication and he was not aware of the hearing scheduled on 07.02.2026. Hence the same got dismissed for non-prosecution. The absence was not intentional and if given an opportunity he will justify the construction put up by him. He further undertakes that in the event - 3 - HC-KAR NC: 2026:KHC:19674 WP No. 10728 of 2026 respondent no.1 finding that any of the construction put up by the petitioner is in violation of law, then he would voluntarily remove the same. 3. Learned counsel for respondents fairly submits that the order of dismissal for non-prosecution passed by respondent no.1 may be set aside and the matter may be remanded back to respondent no.1. 4. Hence, the following: ORDER (i) The impugned order dated 07.02.2026 passed by respondent no.1 in Appeal No.275/2025 (vide Annexure-L to the writ petition) is hereby set aside; (ii) The matter stands remanded back to respondent no.1; (iii) The petitioner shall appear before respondent no.1 on 25.04.2026 without further notice; - 4 - HC-KAR NC: 2026:KHC:19674 WP No. 10728 of 2026 (iv) Respondent no.1 is hereby directed to hear the petitioner and pass appropriate orders in accordance with law on merits; (v) The writ petition stands disposed of accordingly. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG