- 1 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28048 OF 2024 (LB-BMP) BETWEEN: 1. MR. NIKIL S/O. KURIAKOSE M. AGED ABOUT 22 YEARS R/AT NO.14, KAMAL PRASH, DENA BANK COLONY, GANGANAGAR, BANGALORE - 560 032. …PETITIONER (BY MS. PRIYA A., ADVOCATE OF AMATHYA LEGAL) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY IT'S CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001, (URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA). 2. BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY COMMISSIONER CORPORATION CIRCLE, BANGALORE-560 001. 3. CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 CORPORATION CIRCLE, BANGALORE-560 001. 4. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE, BENGALURU-560 002. 5. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) EAST ZONE, MAYOHALL, ASHOK NAGAR, BENGALURU, KARNATAKA - 560 003. 6. ADDITIONAL DIRECTOR TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), GANGANAGAR (WARD NO.20), HEBBAL BENGALURU EAST ZONE-560 032. 7. ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), GANGANAGAR (WARD NO.20), HEBBAL BENGALURU EAST ZONE-560 032. 8. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM) REP. BY ASSISTANT ENGINEER CORPORATE OFFICE, BESCOM, K.R. CIRCLE, BANGALORE-560 001. 9. BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB), REP. BY CHAIRMEN 2ND FLOOR, CAUVERY BHAVAN, - 3 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 KEMPEGOWDA ROAD, BENGALURU- 560 009. 10. KARNATAKA STATE FIRE AND EMERGENCY SERVICES, REP. BY DEPUTY INSPECTOR GENERAL OF POLICE, DISCIPLINARY AUTHORITY, NO.1, ANNASWAMY MUDALIAR ROAD, BANGALORE-560 042. 11. OTEL FEEL COMFORT REP. BY ITS MANAGER #35, 1ST MAIN ROAD DENA BANK COLONY BANGALORE - 560 032 (UNREGISTERED). …RESPONDENTS (BY SMT. CHANDINI S., HCGP FOR R.1 AND R.10; SRI. PAWAN KUMAR, ADVOCATE FOR SRI. H. DEVENDRAPPA, ADVOCATE FOR R.2 TO R.7; SRI. K.S.N. RAJESH, ADVOCATE FOR R.8; SRI. B.S. SHRINIVAS, ADVOCATE FOR R.9; SRI. SAMPATH A., ADVOCATE FOR R.11.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MANDATE THE RESPONDENT NOS.2, 6 AND 7 TO INITIATE ACTION AS AGAINST RESPONDENT NO.11 FOR THE ILLEGAL CONSTRUCTION AT SITE NO.34, GANGANAGAR (OLD WARD NO.38) WARD NO.20, HEBBAL, BANGALORE EAST FOR CONSTRUCTING THE BUILDING IN VIOLATION OF THE PETITIONER'S RIGHTS IN ARTICLE 21 OF THE CONSTITUTION OF INDIA, BRUHAT BANGALORE MAHANAGARA PALIKE ACT, KARNATAKA MUNICIPAL CORPORATION ACT 1976 AND THE BBMP BUILDING BYE LAW CONSIDERING THE COMPLAINT/REPRESENTATION FILED BY THE PETITIONER DATED 14.06.2024 i.e., ANNEXURES-C1 AND C2, ETC. - 4 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. On the ground that respondent no.11 has violated all the building bye-laws and sanctioned plan and put up construction on the property owned by it and that the said property has been put to commercial use in spite of the same being a residential property and on the ground that the respondents/ authorities failed to act on the representation of the petitioner, the present petition is filed with the following prayers: "1) To issue writ of mandamus mandating the Respondent No.2, 6 and 7 to initiate action as against Respondent No.11 for the illegal construction at Site No.34, Ganganagar (Old Ward No.38) Ward No.20, Hebbal, Bangalore East for constructing the building in violation of the petitioner's rights in Article 21 of the constitution of India, Bruhat Bangalore Mahanagara Palike Act, Karnataka Municipal Corporation act 1976 and the BBMP Building bye law considering the complaint/ - 5 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 representation filed by the Petitioner Dt.14-06-2024 i.e, ANNEXURE-C1 & C2. 2) Direct the Respondent No.8 to 10 to consider the representation filed dt.27-09-2024 i.e., ANNEXURE- D. 3) Direct the Respondent No.8 to stop/not to extend electricity supply to the illegally constructed building. 4) Direct the Respondent No.9 to stop/not extend water supply to the illegally constructed building. 5) Direct the Respondent No.10 to intiate appropriate actions/proceedings against Respondent No.11 for not complying by the fire safety standards with reference to notification published by the Home Secretariat in Karnataka Rajya Pathra vide KA/BG-GPO/2515/WPP-47/2009-2011 having reference No.HD 333 SFB 2011, BANGALORE Dt. 07-07-2011 i.e., ANNEXURE-B. 6) Pass such other orders that this Hon'ble Court deem fit in the interest of justice and equity." 2. Learned counsel for respondent no.11 submits that the petitioner is not a neighbour of respondent no.11 and the actions of respondent no.11 in no way infringes upon any of the rights of the petitioner herein. He further submits that the - 6 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 petition is more in the nature of a public interest petition and for that reason, he prays that the same may be dismissed. 3. Learned counsel appearing for BBMP, upon instructions, submits that the petitioner is not the neighbour of respondent no.11. However, it is submitted that suitable action is already initiated against respondent no.11 herein. 4. A person can utilise the property only for the purpose to which it has to be put to use in accordance with law. Further, a construction has to be done on the property only in accordance with law by obtaining the necessary sanctioned plan and permissions and not otherwise. If he fails to do so, then a duty is cast upon the authorities concerned to initiate appropriate action against the erring persons. In the instant case, if respondent no.11 has violated any of the laws, the authorities are at liberty to initiate appropriate action against it. However, respondent no.11 is not a neighbour of the petitioner and no right of the petitioner has been infringed upon respondent no.11. For that reason, the petitioner cannot maintain the petition. - 7 - HC-KAR NC: 2026:KHC:13580 WP No. 28048 of 2024 5. For the aforementioned reasons, the writ petition stands dismissed subject to the observations made in paragraph No.4 supra. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 83