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2026 DAILYLAW 11460 (KAR)

SRI T VIJAYKUMAR v. GREATOR BENGALURU AUTHORITY (GBA)

WP/5949/2026 · 2026-03-03

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13021 WP No. 5949 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5949 OF 2026 (LB-BMP) BETWEEN: 1. SRI T. VIJAYKUMAR AGED ABOUT 54 YEARS S/O SRI H. THIPPA REDDY R/AT MAHALAKSHMI FARM NEAR MARUTHI LAYOUT CHINNAPANNAHALLI BANGALORE - 560 037. …PETITIONER (BY SRI. R.A.CHANDRASHEKARA REDDY, ADVOCATE) AND: 1. GREATOR BENGALURU AUTHORITY (GBA) REPRESENTED BY ITS COMMISSIONER NO.1, N.R. SUQARE RANI KITTOOR CHENNAMMA CIRCLE HUDSON CIRCLE BANGALORE - 560 002. 2. ASSISTANT EXECUTIVE ENGINEER GBA EAST, 60 FEET ROAD A.E.C.S. EXTESION DODDANAKKUNDI NEXT TO VINAYAKA TEMPLE BANGALORE - 560 037. …RESPONDENTS (BY SRI. SIDDHARTH P.DEASI, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER/NOTICE DATED 06.12.2025 BEARING Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13021 WP No. 5949 of 2026 NO.UÉæÃ¨É¥Áæ/¸ÀPÁC/zÉÆG«/68/2025-26 ISSUED BY RESPONDENT NO.2 UNDER SECTION 462 OF THE GBA VIDE ANNEXURE-A, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that he is the owner of the property which is the subject matter of the writ petition and that he is not putting up any new construction on the said property. His submission is that, he is only renovating the existing structure by strengthening the same. However, the then BBMP at the behest of a private party, initiated action against the petitioner, which constrained the petitioner to file W.P.No.43756/2016. 2. This Court after hearing the parties concerned passed an order reserving liberty to the petitioner to provide all the necessary documents to Bruhat Bengaluru Mahanagara Palike (BBMP) and directed BBMP to act after considering the said representation and further directed BBMP not to initiate - 3 - HC-KAR NC: 2026:KHC:13021 WP No. 5949 of 2026 any coercive action against the petitioner till his representation is so considered. 3. Thereafter, the petitioner made a representation dated 27.06.2023 (vide Annexure-G to the writ petition) to the respondents justifying his actions. However, BBMP has given an endorsement dated 06.12.2025 (vide Annexure-A to the writ petition) wherein, BBMP now Greater Bengaluru Authority (GBA) has asked the petitioner to submit additional documents to take a decision on his request. Aggrieved by the same, the present petition is filed. 4. Admittedly, what has been issued to the petitioner is only a notice as to why action should not be initiated against him. It is not an order wherein the respondents have decided to initiate action against the petitioner. Petitioner is having all the liberty to reply to the said notice by providing necessary documents to the respondents. 5. Learned counsel for the petitioner fairly submits that if an opportunity is given, he would provide all the necessary documents. - 4 - HC-KAR NC: 2026:KHC:13021 WP No. 5949 of 2026 6. Learned counsel for the respondents submits they are willing to provide an opportunity of hearing also to the petitioner. 7. Hence, the following: ORDER (i) The petitioner shall appear before respondent no.2 on 13.03.2026 at 11 a.m. and provide all the necessary documents and explanation as to why action should not be initiated against him. (ii) Respondent no.2 based upon the documents and representation given by the petitioner shall take appropriate action in accordance with law. Till such time no precipitative action will be taken against the petitioner; (iii) The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG