- 1 - HC-KAR NC: 2026:KHC:17828 WP No. 21402 of 2022 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. 21402 OF 2022 (LB-BMP) BETWEEN: 1. MR. THIMMARAYAPPA AGED ABOUT 68 YEARS S/O LATE DODDAHOTTAPPA RESIDING AT NO.B206 MEGAS RAJARAJESHWARI BLISS APARTMENTS 4TH MAIN, BHEL LAYOUT, 2ND STAGE RAJARAJESHWARINAGAR BENGALURU-560 098. …PETITIONER (BY SRI. RAJAGOPALA NAIDU, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI SUB-DIVISION BENGALURU-560 068. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17828 WP No. 21402 of 2022 3. MR. RAGHAVENDRA FATHER NAME NOT KNOWN TO THE PETITIONER MAJOR BY AGE R/AT NO.112, 2ND BLOCK, 6TH STAGE BANASHANKARI, BDA LAYOUT BENGALURU-98. …RESPONDENTS (BY SRI. JAGADEESHWARA N.R., ADVOCATE FOR R1 & R2; SRI. V.VISWANATH SHETTY, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.1 AND 2 TO CONSIDER REPRESENTATION DATED 22.08.2022 AS PER ANNEXURE-D, REPRESENTATION DATED 29.08.2022 AS PER ANNEXURE-F AND REPRESENTATION DATED 11.10.2022 AS PER ANNEXURE-G AND TO DEMOLISH THE ILLEGALLY ERECTED STRUCTURE ABUTTING THE PROPERTY OF THE PETITIONER TO REMOVE THE DEVIATED PORTION IN THE BUILDING OF RESPONDENT NO.3 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17828 WP No. 21402 of 2022 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The writ petition is filed on the allegation that respondent no.3 has put up construction in violation of building bye-laws and the sanctioned plan and inspite of making a request to respondent nos.1 and 2-Bruhat Bengaluru Mahanagara Palike (BBMP)/Greater Bengaluru Authority (GBA), they have not initiated any action against respondent no.3. 2. Learned counsel for respondent nos.1 and 2-BBMP/GBA upon instructions submits that respondent no.3 has indeed put up construction in violation of building bye-laws and the sanctioned plan. 3. No person has right to put up construction in violation of building bye-laws and the sanctioned plan. 4. Hence, the following: ORDER (i) Respondent Nos.1 and 2 are directed to initiate appropriate action against respondent - 4 - HC-KAR NC: 2026:KHC:17828 WP No. 21402 of 2022 no.3 in accordance with law and take steps to remove the illegal construction; (ii) Such exercise will be completed within a period of four months from today; (iii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 88