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2026 DAILYLAW 12367 (KAR)

SMT JAYAMMA S v. THE COMMISSIOER

WP/6610/2025 · 2026-04-01

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:17826 WP No. 6610 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6610 OF 2025 (LB-BMP) BETWEEN: 1. SMT. JAYAMMA S. W/O LATE SRI. P.S.SHANKARALINGAPPA AGED ABOUT 77 YEARS R/NO. #460/H18, 9TH 'D' MAIN HOSAHALLI, VIJAYANAGAR BENGALURU-560 040. …PETITIONER (BY SRI. KABBUR SIDDESHWAR PRASAD SADASHIVAPPA, ADVOCATE) AND: 1. THE COMMISSIOER BRUHAT BENGALURU MAHANAGAR PALIKE NEAR HUDSON CIRCLE, N.R.SQAURE BENGALURU-560 002. 2. THE ZONAL COMMISSIONER (SOUTH) BBMP, 9TH CROSS, 9TH MAIN BBMP COMPLEX JAYANAGAR 4TH BLOCK BENGALURU-560 011. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BBMP, 9TH CROSS 9TH MAIN, BBMP COMPLEX 4TH BLOCK, JAYANAGAR BENGALURU-560 011. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17826 WP No. 6610 of 2025 4. THE EXECUTIVE ENGINEER BBMP WARD OFFICE-HOSAHALLI WARD NO.124, VIJAYANAGAR BENGALURU-560 040. 5. THE ASSISTANT EXECUTIVE ENGINEER BBMP WARD OFFICE-HOSAHALLI WARD NO.124, VIJAYANAGAR BENGALURU-560 040. 6. THE ASSISTANT ENGINEER BBMP WARD OFFICE-HOSAHALLI WARD NO.124, VIJAYANAGAR BENGALURU-560 040. 7. SMT. KASTURI M. W/O SRI. R.RAVI WORKING IN BWSSB MALLESHWARAM AGED ABOUT 51 YEARS R/AT NO.15, BWSSB QUARTERS 19TH CROSS, KASHI MUTH ROAD MALLESHWARAM WEST BENGALURU-560 055. ALSO AT NO.181, MUNICIPAL NO.181/7 (NEW NO.7), 9TH 'E' MAIN BBMP WARD NO.124 HOSAHALLI VIJAYANAGAR BENGALURU-560 040. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R6; SRI. VIJAY NARAYAN, ADVOCATE FOR R7 [ABSENT]) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 6 TO CONSIDER THE REPRESENTATIONS DATED 20.08.2024, 31.01.2025 AND 28.02.2025 VIDE ANNEXURE-A, B AND C TO C-5 RESPECTIVELY IN ACCORDANCE WITH LAW AND ETC. - 3 - HC-KAR NC: 2026:KHC:17826 WP No. 6610 of 2025 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 ORAL ORDER 1. On the allegation that respondent no.7 has put up illegal construction on the property belonging to her, the petitioner has made complaints to respondent nos.1 to 6-Bruhat Bengaluru Mahanagara Palike (BBMP)/Greater Bengaluru Authority (GBA). However, as no action has been take by BBMP/GBA against respondent no.7, the present writ petition is filed with a prayer to direct BBMP/GBA to initiate appropriate action against respondent no.7 in accordance with law. 2. Learned counsel for respondent no.7 is absent. 3. Sri.Pawan Kumar, learned counsel for respondent nos.1 to 6-BBMP/GBA upon instructions, submits that the property of respondent no.7 has been inspected and it is found that the construction has been put up in violation of building bye-laws and the sanctioned plan and appropriate action will be initiated against respondent no.7 to remove the illegal construction. - 4 - HC-KAR NC: 2026:KHC:17826 WP No. 6610 of 2025 4. No person has a right to put up illegal construction in violation of building bye-laws and the sanctioned plan. 5. Hence, in the light of submission made by learned counsel for BBMP/GBA, respondent nos.1 to 6 are hereby directed to initiate appropriate action against respondent no.7 to remove the illegal construction put up. The same shall be concluded within a period of four months from today. 6. The writ petition stands disposed of accordingly. Pending IAs., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 73