Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13677 WP No. 7332 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 7332 OF 2026 (LB-BMP)
BETWEEN:
1.
SRI. GOUTHAM KOTHARI S/O MANGILAL KOTHARI AGED ABOUT 51 YEARS R/AT 126, SHANTI VILLA 2ND STAGE, 1ST MAIN ROAD 11TH CROSS, NEAR MAHALAKSHMIPURAM POLICE STATION, WEST OF CHORD ROAD BENGALURU -560 086.
2.
SRI. THIRU ALLLANGADU IMMUDI DHARMA SHIVA ACHARYA VYSYYA MUTT REPRESENTED BY ITS MATHADHIPATHI SRI SHANKARA SUBRAMANYA SHIVA ACHARYA SWAMIGAL AT BURUBHOETTAI, BHAVANI TALUK ERODE DISTRICT TAMILNADU REPRESENTED BY ITS SPECIAL POWER OF ATTORNEY HOLDER SRI. KOTHANDAN RAVI S/O KOTHANDAN AGED ABOUT 63 YEARS NO.206/6, CANARA BANK LAYOUT ENTRANCE KODIGEHALLI, BENGALURU-560 097. …PETITIONERS (BY SRI. S.KALYAN BASAVARAJ, ADVOCATE)
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13677 WP No. 7332 of 2026
AND:
1.
THE COMMISSIONER BRUHAT BANGALORE MAHANGARA PALIKE HUDSON CIRCLE, J.C. ROAD BANGALORE - 560 002.
2.
THE ASST. DIRECTOR BRUHAT BANGALORE MAHANAGARA PALIKE TOWN PLANNING ZONE-2, NO.407, 4TH FLOOR ANNEXE BUILDING-03, N.R. SQUARE BANGALORE - 560 002.
3.
THE DY. DIRECTOR BRUHAT BANGALORE MAHANAGARA PALIKE TOWN PLANNING ZONE-2, NO.407, 4TH FLOOR ANNEXE BUILDING-03, N.R. SQUARE BANGALORE - 560 002 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.U.NI.NA.YO/KE.VA-2/10/25- 26 DATED 13.02.2026 PASSED BY THE 1ST RESPONDENT PRODUCED AT ANNEXURE 'A' AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:13677 WP No. 7332 of 2026
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The case of the petitioners is that, without issuing notice as contemplated in law, a provisional notice has been issued against them (vide Annexure-A to the writ petition) by respondent no.2 asking them to remove alleged unauthorised construction put up by them on their property. It is the contention of the petitioners that they have not put up any unauthorised construction as alleged. It is further submitted though notices were issued to them vide Annexures-A, E to G to the writ petition, sufficient time was not granted and no inspection has taken place on the property as alleged in the impugned notice vide Annexure-A. The petitioners submit, if an opportunity is given then in that event they would establish to the authorities concerned that they have not put any unauthorized construction.
2.
Learned counsel for the respondents fairly submits that Greater Bengaluru Authority (GBA) has no objections for inspecting the property once again in the presence of the petitioners.
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HC-KAR NC: 2026:KHC:13677 WP No. 7332 of 2026
3. Hence, the following:
ORDER (i) A joint inspection of the property will be conducted by the respondents on 23.03.2026 at 11.00 a.m. without any further notice; (ii) Petitioners are permitted to produce necessary documents to the respondents; (iii) A decision will be taken by the authorities concerned after the said inspection; (iv) Till a fresh decision is taken, notice at Annexure-A to the writ petition issued by respondent no.2 shall be kept in abeyance; (v) Petitioners are also directed not to put up any further construction on the property till appropriate order is passed by the respondents. However, this order will not come in the way of the petitioners completing the interior works of the building already constructed. But it is made clear that, if it is found that the construction is in violation of law and requires to be removed,
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HC-KAR NC: 2026:KHC:13677 WP No. 7332 of 2026
the petitioners will not claim any equity on the strength of this order; (vi) The writ petition stands
disposed of accordingly.
SD/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 14