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2026 DAILYLAW 12062 (KAR)

MR. SALMAN PASHA v. THE COMMISSIONER

WP/21761/2025 · 2026-03-09

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.21761 OF 2025 (LB-BMP) BETWEEN: 1. MR. SALMAN PASHA S/O MR. BABU AGED ABOUT 34 YEARS, R/A NO.51, 8TH MAIN, HARMONY APARTMENT, BTM LAYOUT, 1ST STAGE BANGALORE-560 029. …PETITIONER (BY SRI. NAGAIAH, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BANGALORE-560 002. 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BANGALORE SOUTH RANGE BOMMANAHALLI BANGALORE. 3. THE EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE BOMMANAHALLI HOSUR ROAD, BANGALORE. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE BTM LAYOUT WARD BANGALORE. 5. SRI MANJUNATH S/O LATE V THIMMAIAH AGED ABOUT 55 YEARS R/AT NO.771, 28TH MAIN ROAD, BTM LAYOUT, 2ND STAGE BANGALORE-560 076. 6. MR. SYED FAISAL AHMED S/O MR. SYED ASHRAFF AGED ABOUT 43 YEARS R/AT NO.1, 8TH 'A' MAIN NEAR SHANTHALA MEDICAL NEW GURAPPANA PALYA BANGALORE-560 029. 7. MR. SYED FUZAIL AHMED S/O MR. SYED ASHRAFF AGED ABOUT 38 YEARS R/AT NO.1, 8TH 'A' MAIN NEAR SHANTHALA MEDICAL NEW GURAPPANA PALYA BANGALORE-560 029. 8. MR. SYED HUMAYAN S/O. LATE SYED MOHIDIN R/AT NO.43, 8TH MAIN BANNERGHATTA MAIN ROAD NEW GURAPPANA PALYA BANGALORE-560 029. 9. SYED LAYEEQ IMRAN S/O. MR. SYED HUMAYAN R/AT NO.43, 8TH MAIN BANNERGHATTA MAIN ROAD - 3 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 NEW GURAPPANA PALYA BANGALORE-560 029. 10. C. NAZEER AHAMED S/O. MR.CHAKARAJUVEMULE ABDUL SATTAR R/AT NO.29-332-27 TEKKE NEAR POLICE LINE MASJID NANDYAL, KARNOLL A.P. 518 501. 11. MR. SHAK RESHMA W/O. C. NAZEER AHAMED AGE: 37 YEARS NEAR POLICE LINE MASJID NANDYAL KUMOOL A.P. 518 501. 12. MOHAMMED SADIQ S/O MOHAMMED ALI AGED ABOUT 60 YEARS R/AT NO.22, MARSS MANOR FLAT BTM LAYOUT BANGALORE-29. 13. MRS. ZOHARA SADIQ W/O. MOHAMMED SADIQ AGED ABOUT 47 YEARS R/AT NO.22, MARSS MANOR FLAT NO.302, 3RD FLOOR 9TH MAIN, BTM LAYOUT, 1ST STAGE BENGALURU - 560 029. 14. MR. MOHAMMED MUHAZ S/O. MOHAMMED SADIQ AGED ABOUT 22 YEARS R/O. NO.22, MARSS MANOR FLAT NO.302 3RD FLOOR, 9TH 'A' MAIN BTM LAYOUT, 1ST STAGE BENGALURU-560 029. - 4 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 15. MRS. NAZIA KOUSER W/O. SAIK ALTAF PASHA AGED ABOUT 51 YEARS R/O. FLAT NO.404, 4TH & 5TH FLOOR ROYAL MANOR, NO.7, 8TH MAIN ROAD MARUTHI CO-OP. SOCIETY LAYOUT CENTER NEW GURAPPANAPALYA BANNERGHATTA ROAD BANGALORE-560 029. (CAUSE TITLE AMENDED AS PER COURT ORDER DATED 30.12.2025) …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R.1 TO R.4; SMT. SAKSHI M. KRISHNA, ADVOCATE FOR SRI SUBRAMANYA R., ADVOCATE FOR R.5 TO R.7; SRI. NARASIMHARAJU, ADVOCATE FOR R.8.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 4 TO CONSIDER THE REQUEST/REPRESENTATION SUBMITTED BY THE PETITIONER AS PER ANNEXURE-G WHICH IS DATED 09.06.2025 AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW, ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner is that respondent Nos.6 and 7 are the owners of the writ petition schedule properties and respondent No.5 is the developer. It is submitted that he has purchased one flat in the said building and is residing there. However, he alleges that respondent Nos.5, 6 and 7 have constructed additional floors without obtaining the necessary plan sanction and have sold or entered into an agreements of sale with respondent Nos.8 to 15. Hence, he has made a representation to respondent Nos.1 to 4-BBMP (now Greater Bengaluru Authority) to initiate appropriate action in respect of the writ petition schedule properties. However, as no action has been initiated, the present writ petition is filed with the following prayers:- "a) Issue writ of mandamus by directing the respondent no.1 to 4 to consider the request/representation submitted by the petitioner as per Annexure-G which is dated 09.06.2025 and dispose of the same in accordance with law. - 6 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 b) Direct the respondent no.1 to 4 to initiate the proceedings under the Karnataka Municipal Corporation Act of 1976 and to stop further illegal/unauthorized construction carrying out by the respondent no.5 to 7 on the schedule property and to remove the illegal construction carried out already by the respondent no.5 to 7. c) Pass any other appropriate order, judgment and decree under the facts and circumstances of the case as this Hon'ble Court deems, thinks fit, including the cost of this writ petition, in the interest of justice and equity." 2. The learned counsel appearing for the BBMP submits that a direction may be issued to respondent no.2 - Joint Commissioner, Greater Bengaluru Authority (GBA), to hear all the parties concerned and pass appropriate orders in accordance with law. Hence the following:- ORDER i. The writ petition is disposed of. ii. The petitioner as well as respondent Nos.5 to 15 are given liberty to appear before respondent No.2 on 26.03.2026 at 03.00 p.m. without any further notice. - 7 - HC-KAR NC: 2026:KHC:14081 WP No. 21761 of 2025 iii. Permission is granted to the petitioner and respondent Nos.5 to 15 to make their representations. iv. Respondent No.2, after hearing the petitioner and respondent Nos.5 to 15 and such other concerned persons, shall pass appropriate orders in respect of the building situated on the writ petition schedule properties as expeditiously as possible. v. Till such order is passed, no precipitative action will be initiated by respondent Nos.1 to 4 herein. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 51