- 1 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2503 OF 2026 (LB-BMP) BETWEEN: 1. SHRI. N.PRAKASH S/O NARASIMHALU NAIDU AGED ABOUT 62 YEARS RESIDING AT NO.226 AND 227 KHATHA NO.109, 1ST MAIN SUN CITY LAYOUT, KOTHANUR J.P.NAGAR, 7TH PHASE BENGALURU 560 078. …PETITIONER (BY SRI. NAVEEN J.N., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY N.R.SQUARE, HUDSON CIRCLE BENGALURU - 560 001. 2. THE JOINT COMMISSIONER BBMP, JAYANAGAR ZONE 1 JAYANAGAR SOUTH CITY CORPORATION BENGALURU. 3. THE JOINT COMMISSIONER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 BBMP, BOMMANAHALLI ZONE OFFICE OF REGIONAL COMMISSIONER BOMMANAHALLI, BENGALURU. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTIOIN OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER IN NO.Sa.Ka.A./Ko.U.Vi/CO/02/25-26 DATED 29.12.2025 PASSED BY THE 2ND RESPONDENT UNDER SECTION 243(3)(e) AND SECTION 244(1) OF THE GREATER BENGALURU ADMINISTRATIVE ACT, 2024 MARKED AT ANNEXURE-D TO THE WRIT PETITION 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 - 3 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 ORAL ORDER The petitioner is challenging the order dated 29.12.2025 passed under Section 243(3)(e) and Section 244(1) of the Greater Bengaluru Governance Act, 2024 (vide Annexure-D to the writ petition). 2. The impugned order is passed by respondent no.2 on the ground that construction put up by the petitioner is illegal. 3. On 28.01.2026, this Court has passed the following order: "1. Sri Pawan Kumar, learned counsel accepts notice for Respondents 2. Learned counsel for the petitioner to serve two sets of petition along with annexures on the said counsel. 3. The Jurisdictional Assistant Executive Engineer (AEE) along with Jurisdictional Assistant Director of Town Planning (JDTP), are directed to conduct a joint inspection of the property of the Petitioner. 4. For the purpose of ascertaining: 4.1. Whether any construction or development activity is carried out or is being carried out on the said properties; - 4 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 4.2. Whether such construction or development is supported by a valid building plan sanction issued by the competent authority under the applicable municipal and planning laws; 4.3. Whether the construction, if sanctioned, is carried out or being carried out strictly in accordance with the sanctioned plan, zoning regulations, and development control norms; and 4.4. Where no sanctioned plan exists, whether the construction conforms to the applicable building bye-laws, zoning regulations, and land-use prescriptions under the Master Plan. 5. The inspection shall include physical measurement, verification of setbacks, floor area ratio, coverage, height, land-use conformity, and compliance with zoning regulations. 6. The Respondent-AEE shall prepare a speaking inspection report, identifying each violation separately, with specific reference to the provisions of the KTCP Act, the municipal law in force, the sanctioned plan (if any), and the applicable building bye-laws. 7. In the event any the construction being found to be: 7.1. without a valid plan sanction; or 7.2. contrary to the sanctioned plan; or 7.3. in violation of zoning regulations or building bye-laws, 8. The Respondent-AEE shall, forthwith, ensure stoppage of all further construction activity on the said - 5 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 property, including by issuance of appropriate stop- work notices and initiation of statutory proceedings in accordance with law. In the event of construction not being stopped, Respondents-AEE and ADTP shall seal the construction site. 9. While submitting a report, the AEE shall also take into consideration the amendment made to the setback rules which came into force on 05.01.2026. 10. Since the order is passed in the presence of all the counsel, the inspection shall be conducted commencing from 10:30 a.m. on 04.02.2026. 11. The inspection report, along with supporting measurements, sketches, photographs, and copies of relevant records, shall be filed before this Court on or before 12.02.2026. 12. In the event of any apprehension of breach of peace or obstruction during the inspection, survey, or measurement, upon a requisition made by Respondent-AEE, the jurisdictional police authorities shall extend necessary police protection, to ensure due implementation of these directions. 13. Re-list on 17.02.2026. 14. Until then the respondents are restrained from carrying out any demolition of the construction put up by the petitioner. 15. In the meanwhile, office objections to be complied with." - 6 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 4. Pursuant to the said order, a joint inspection has been conducted and a report dated 09.02.2026 is filed before this Court, wherein it states that the petitioner has put up construction without obtaining the necessary plan sanction, however the construction is not in violation of the building bye- laws and it is possible to regularise the same. 5. Hence, the following: ORDER (i) The impugned order dated 29.12.2025 passed by respondent no.2 (vide Annexure-D to the writ petition) is hereby set aside. (ii) The petitioner is granted liberty to make an application for conversion of khatha from B- khata to A-khata and also for regularization of the building constructed by him on the property, within a period of six weeks from today. - 7 - HC-KAR NC: 2026:KHC:14527 WP No. 2503 of 2026 (iii) Upon making of such an application, then the respondents shall consider the same in accordance with law and pass appropriate orders. (iv) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 34