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2026 DAILYLAW 10711 (KAR)

A KHEEMRAJ v. JOINT COMMISSIONER

WP/9016/2026 · 2026-03-18

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15881 WP No. 9016 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 9016 OF 2026 (LB-BMP) BETWEEN: 1. A.KHEEMRAJ AGED ABOUT 83 YEARS S/O LATE ASULAL BOHRA RESIDING AT NO.51, GOVINDAPPA ROAD BASAVANAGUDI, BENGALURU-560 004. …PETITIONER (BY SRI. S.SUSHANT VENKATESH PAI, ADVOCATE) AND: 1. JOINT COMMISSIONER JAYANAGAR DIVISION BENGALURU SOUTH CITY CORPORATION AT OFFICE OF THE JOINT COMMISSIONER JAYANAGAR DIVISION, BENGALURU SOUTH CITY CORPORATION BUILDING 2ND FLOOR, COMMERCIAL COMPLEX BUILDING 9TH MAIN, 9TH CROSS, 2ND BLOCK, JAYANAGAR BANGALORE-560 011. …RESPONDENT (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15881 WP No. 9016 of 2026 THE NATURE OF CERTIORARI OR ANY SUCH / OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE INTERIM ORDER DATED 10.03.2026 BEARING NO. AEE/SKN/W- 183/PO/04/2025-26 ISSUED BY THE RESPONDENT UNDER SECTION 243 (3) (C) OF THE GREATER BENGALURU GOVERNANCE ACT, 2024 AT ANNEXURE-A AND ALL PROCEEDINGS, NOTICES AND ACTIONS PURSUANT THERETO AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Proceedings have been initiated against the construction made on the property bearing No.39, PID No.58-35-39, 36th 'F' Cross Road, 4th 'T' Block, Jayanagar, Bengaluru, on the allegation that construction has been put up in violation of building bye-laws and the sanctioned plan. The impugned order also observes that the entire 4th floor and 5th floor construction is illegal and it needs to be removed. The order is passed against one Sri. B.N.Vishwanth. The petitioner is the owner of a flat bearing no.404 constructed in the 4th floor of the said - 3 - HC-KAR NC: 2026:KHC:15881 WP No. 9016 of 2026 property. It is his case that the said Sri.B.N.Vishwanth was the owner of the entire property and he has sold the flats to several persons and petitioner is one such person. A copy of the sale deed and khata issued in his favour in respect of his flat is produced. 2. Learned counsel for the respondent upon instructions submits that, what has been issued is only a provisional order and petitioner is having a liberty to reply to the said provisional order. If the petitioner were to submit a reply to the impugned provisional order at Annexure-A to the writ petition, the same would be considered in accordance with law and appropriate orders would be passed. 3. Hence, the following: ORDER (i) The petitioner shall appear before the respondent on 24.03.2026 at 03.00 p.m. and make his submissions; (ii) The respondent shall consider the submissions of the petitioner and only thereafter pass appropriate orders in accordance with law in - 4 - HC-KAR NC: 2026:KHC:15881 WP No. 9016 of 2026 respect to the building concerned. Till such time, no precipitative action will be initiated against the petitioner in respect of flat no.404 on the property; (iii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 46