Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20428 WP No. 5143 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5143 OF 2026 (LB-BMP)
BETWEEN:
MOHAN RAJ R S/O LATE E RAMALINGAM, AGED ABOUT 62 YEARS, NO.39, OOKADAPALAYAM ORC ROAD, VIVEK NAGAR POST BANGALORE-560 047.
AND ALSO AT: NO.21 BALAIAH MAIDU STREET VANNAVPETT, NAHRUPURAM, BANGALORE - 560047. …PETITIONER (BY SRI. SYED KHALEEL PASHA, ADVOCATE) AND:
1.
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560001.
2.
THE ASSISTANT REVENUE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE MAYO HALL, BENGALURU-560025
3.
ARUN KUMAR S/O MURTHY AGED ABOUT 39 YEARS
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:20428 WP No. 5143 of 2026
4. ASHOK S/O BABU AGED ABOUT 35 YEARS
5. KUMAR S/O SOMU AGED ABOUT 33 YEARS
R3 TO R5 ARE R/AT NO.48, OOKADAPALAYAM ORC ROAD, VIVEK NAGAR POST BANGALORE -560047. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 & R2;
SRI. M.N. LEELARAJU, ADVOCATE FOR R3 TO R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 05.02.2026 AS PER ANNEXURE-A AND FURTHER DIRECT RESPONDENT NOS.3 TO 5 TO STOP THE ILLEGAL CONSTRUCTION ACTIVITIES AT NO.48 OOKADAPALAYAM ORC ROAD, VIVEK NAGAR BANGALORE
560047.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:20428 WP No. 5143 of 2026
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. Petitioner made a complaint to respondent nos.1 and 2 that respondent nos.3 to 5 are putting up construction on writ petition schedule property without obtaining any sanctioned plan. As no action has been initiated by respondent nos.1 and 2, the present writ petition is filed with a prayer to direct respondent nos.1 and 2-Greater Bengaluru Authority (GBA) to consider the request of the petitioner and take appropriate action against respondent nos.3 to 5.
2.
Learned counsel for respondent nos.1 and 2 submits that, upon inspection and verification of record, it is found that respondent nos.3 to 5 are putting up construction without obtaining the necessary sanctioned plan. However, it is submitted that respondent nos.3 to 5 have now requested for sanctioning of a plan and that the same will be considered in accordance with law.
3.
Learned counsel for respondent nos.3 to 5 submits that, by mistake construction was commenced without obtaining the
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HC-KAR NC: 2026:KHC:20428 WP No. 5143 of 2026
necessary sanctioned plan. He further submits that they would not carry on further construction and that any construction to be done will be done only after obtaining the necessary sanctioned plan and strictly in accordance with the sanctioned plan.
4. No person has a right to put up construction in violation of building bye-laws and the sanctioned plan.
5. Hence, the following:
ORDER (i) Respondent nos.3 to 5 shall not put up any additional construction on the writ petition schedule property without obtaining the necessary sanctioned plan from the Greater Bangalore Authority; (ii) Any construction put up in violation of the sanctioned plan to be granted by GBA will be voluntarily removed by respondent nos.3 to 5 to bring in conformity with the said sanctioned plan; (iii) Respondent nos.1 and 2 shall consider the request of respondent nos.3 to 5 for grant of
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HC-KAR NC: 2026:KHC:20428 WP No. 5143 of 2026
sanction plan in accordance with law and will pass appropriate orders within period of six weeks from the date of receipt of certificate copy of this order; (iv) The writ petition stands
disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 43