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2026 DAILYLAW 11170 (KAR)

SRI VIRUPAKSHAPPA G v. GREATER BENGALURU AUTHORITY

WP/3576/2026 · 2026-02-09

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7729 WP No. 3576 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3576 OF 2026 (LB-BMP) BETWEEN: 1. SRI. VIRUPAKSHAPPA G S/O GANESH RAO, AGED ABOUT 64 YEARS RESIDING AT NO.4855/132, AISHWARYA, 4TH MAIN ROAD, 3RD CROSS, S.S.LAYOUT B BLOCK, DAVANAGERE - 577 004. 2. SRI. U.S. MAHADEVE RAO S/O M. SATHYA NARAYANA RAO, AGED ABOUT 57 YEARS, RESIDING AT NO.156/8, P3-P4, 20TH CROSS, BHAGAVATHI LAYOUT, HULIMAVU, BENGALURU - 560 076. 3. SRI. SANDEEP.S S/O SUDARSHAN, AGED ABOUT 40 YEARS, RESIDING AT NO.D-1, 3RD FLOOR, ROYAL GREEN APARTMENT, VISHESHWARAIAH MAIN ROAD, BENGALURU - 560 076. 4. SRI. NIKHIL KUMAR Y.S S/O Y.S.SIDDAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.D-3, 3RD FLOOR, ROYAL GREEN APARTMENT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7729 WP No. 3576 of 2026 VISHESHWARAIAH MAIN ROAD, BENGALURU - 560 076. 5. SMT. SINCHANA.B.V. W/O HEMAPRAKASH.P AGED ABOUT 39 YEARS, RESIDING AT NO.B-10, 1ST FLOOR, ROYAL GREEN APARTMENT, VISHESHWARAIAH MAIN ROAD, BENGALURU - 560 076. 6. SRI. NAND LAL SHARMA S/O JEEVA RAJ SHARMA, AGED ABOUT 43 YEARS, RESIDING AT NO.24/1, 1ST FLOOR, BTS MAIN ROAD, NEAR MICO BACK SIDE GATE, B.G.ROAD, BENGALURU - 560 030 THE PETITIONER NO.1 TO 6 ARE REPRESENTED BY THEIR GPA HOLDER SRI. SHAFEE ABDUL HAMEED SHAIKH S/O ABDUL HAMEED SHAIKH, AGED ABOUT 46 YEARS, RESIDING AT NO. 82, KV LAYOUT, 30TH CROSS, JAYANAGAR, 4TH BLOCK EAST, BENGALURU - 560 011. 7. MRS. NUZHAT SHAIKH D/O SHAIK SHABBAR AGED ABOUT 31 YEARS, RESIDING AT NO. 82, KV LAYOUT, 30TH CROSS, JAYANAGAR, 4TH BLOCK EAST, BENGALURU - 560 011. 8. MR.FAISAL SHAIKH, S/O SHAIK SHABBAR AGED ABOUT 33 YEARS, RESIDING AT NO. 82, KV LAYOUT, 30TH CROSS, JAYANAGAR, - 3 - HC-KAR NC: 2026:KHC:7729 WP No. 3576 of 2026 4TH BLOCK EAST, BENGALURU - 560 011. 9. MR.SHAZAD SHAIKH S/O ILYAS SHAIKH, AGED ABOUT 26 YEARS, RESIDING AT NO.D-2, 3RD FLOOR, ROYAL GREEN APARTMENT, VISHESHWARAIAH MAIN ROAD, BENGALURU - 560 076. 10. MR. ALI ABBAS SHAIKH S/O A.A. SHAIKH AGED ABOUT 43 YEARS, RESIDING AT FARAD MANZIL, NOOR COLONY, MURADESHWARA, UTTARAKANNADA - 581 350 …PETITIONERS (BY SRI. RAJESWARA P.N, ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY N.R.SQUARE, J.C. ROAD BENGALURU - 560 002, REPRESENTED BY THE ITS CHIEF COMMISSIONER 2. BENGALURU SOUTH CITY CORPORATION, N.R.SQUARE, J.C. ROAD, BENGALURU - 560 002 REPRESENTED BY ITS COMMISSIONER. 3. JOINT DIRECTOR OF TOWN PLANNING BENGALURU SOUTH CITY CORPORATION, OFFICE OF THE ADDITIONAL CHIEF TOWN PLANNER (SOUTH), COMMERCIAL COMPLEX, 2ND BLOCK, 9TH CROSS, 9TH MAIN, JAYANAGAR, - 4 - HC-KAR NC: 2026:KHC:7729 WP No. 3576 of 2026 BENGALURU - 560 011. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) SET ASIDE SHOWCASE THE NOTICE BEARING NO/2011-12, DATED 14.01.2026, ISSUED BY RESPONDENT NO.3 (ANNEXURE-A TO A11) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri. Pawan Kumar, learned counsel accepts notice for respondent Nos.1 to 3. 2. The petitioners are before this Court seeking for the following reliefs: (a) Set Aside the showcase notice bearing No.eÉrn¦(zÀ)/J¯ï.¦ /0403/2011-12, dated 14.01.2026, issued by Respondent No.3 (Annexure-A to A11) and (b) pass such other order/s as deems fit under the facts and circumstances of the case including the award of costs, in the interest of justice and equity. 3. The petitioners claim to be the purchasers of various apartments constructed in property bearing Nos.607/27. Nyanappanahalli. The submission of learned counsel for - 5 - HC-KAR NC: 2026:KHC:7729 WP No. 3576 of 2026 the petitioners is that once earlier a complaint had been filed, the building plan had been cancelled, which had been challenged by the developer by filing W.P.No.25614/2019 and this Court had set aside the order of cancellation dated 09.05.2019. Once again, a notice has been issued at Annexure-A series by referring to the cancellation order dated 09.05.2019 and contending that the building plan sanction has been cancelled. 4. The submission of learned counsel for the petitioner is that this Court in W.P.No.25164/2019 had directed the impleadment of the purchases of the apartments since they would have to face the brunt of the adverse orders without impleading the petitioners who are the purchasers, the aforesaid show cause notice has been issued. 5. Having gone through the order dated 21.03.2025 in W.P.No.25614/2019 and the show cause notices all dated 14.01.2026 at Annexure-A series, I am of the considered opinion that the respondents could not have, on the basis - 6 - HC-KAR NC: 2026:KHC:7729 WP No. 3576 of 2026 of the order dated 09.05.2019 which has been set aside in W.P.No.25614/2019, still contend that the cancellation of the plan sanction is subsisting when the same has been set aside. 6. In that view of the matter, eschewing the said reference in terms of the order dated 21.03.2025 in W.P.No.25614/2019, the petitioners are directed to give a reply to the said show cause notices, which are directed to be considered by the respondents in terms of the applicable law and necessary orders passed therein as per the directions in W.P.No.25614/2019. As such, the petition stands disposed of. 7. Needless to say, cancellation order being set aside respondents cannot rely on order of cancellation. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 17