- 1 - HC-KAR NC: 2026:KHC:23897 WP No. 12453 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12453 OF 2026 (LB-BMP) BETWEEN: 1. DR. GURU PRASAD KHANDRE S/O ESHWAR KHANDRE AGED ABOUT 30 YEARS OCCUPATION: DOCTOR R/AT NO.601 & 103, BLOCK-1 KRISHNA APARTMENTS ALI ASKAR ROAD BENGALURU-560 001. …PETITIONER (BY SRI. RAJESWARA P.N., ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY J.C.ROAD, HUDSON CIRCLE N.R.SQUARE, BENGALURU-560 002. REP. BY ITS CHIEF COMMISSIONER. 2. BENGALURU CENTRAL CITY CORPORATION N.R.SQUARE, BENGALURU-560 002. REP. BY ITS COMMISSIONER. 3. JOINT DIRECTOR TOWN PLANNING BENGALURU CITY CENTRAL CORPORATION N.R.SQUARE, BENGALURU-560 002. 4. DEPUTY DIRECTOR OF TOWN PLANNING RANGE-2 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23897 WP No. 12453 of 2026 BENGALURU CITY CENTRAL CORPORATION GREATER BENGALURU AUTHORITY NO.407, 4TH FLOOR ANNEX BUILDING, N.R.SQUARE BENGALURU-560 002. 5. THE ASSISTANT DIRECTOR TOWN PLANNING (CENTRAL) ZONE-2, BANGALORE CITY CENTRAL CORPORATION, GBA NO.407, 4TH FLOOR ANNEX BUILDING-03 N.R.SQUARE, BENGALURU-560 002. 6. SRI. KORANGRAPADY PRAKASH SHETTY S/O K.MAHADAVA SHETTY AGED ABOUT 67 YEARS ASHA, NO.9, ALI ASKAR ROAD BENGALURU-560 001. 7. SMT. ASHA PRAKASH SHETTY W/O SRI.K.PRAKASH SHETTY MAJOR ASHA, NO.9, ALI ASKAR ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R5; SRI. PRABHULING K. NAVADGI, SENIOR COUNSEL FOR SRI. SANDEEP LAHIRI, ADVOCATE FOR R6 AND R7) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.1 TO 5 TO TAKE ACTION UNDER SECTION 243 OF THE GREATER BENGALURU GOVERNANCE ACT, 2024, AGAINST RESPONDENT NOS.6 AND 7 IN RESPECT OF BUILDING AT NO.10, ALI ASKAR ROAD, SAMPANGIRAMNAGAR WARD BANGALORE-01 BEARING PID NO.78-45-10 AND DEMOLISH ALL CONSTRUCTION ACTIVITIES IN VIOLATION OF - 3 - HC-KAR NC: 2026:KHC:23897 WP No. 12453 of 2026 THE SANCTION PLAN BEARING NO.PRJ/4627/24-25 DATED 07.08.2024 AT ANNEXURE-A 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 ORAL ORDER On the allegation that respondent nos.6 and 7 are putting up construction in violation of building bye-laws and sanctioned plan on the property of the subject matter of the writ petition, petitioner has made certain complaints to Greater Bengaluru Authority (GBA). As no action was initiated upon his complaint, the present petition is filed with the following prayers: "(i) ISSUE Writ of Mandamus directing the Respondent No.1 to 5 to take action under Section 243 of the Greater Bengaluru Governance Act, 2024, against the Respondent No.6 and 7in respect of building at No.10, Ali Askar Road, Sampangiramnagar Ward Bangalore-01 bearing PID No.78-45-10 and demolish all construction activities in violation of the sanction plan bearing No. PRJ/4627/24-25 dated 07.08.2024 at Annexure-A; (ii) Issue a writ of Mandamus directing the 1st respondent to take action against its erring - 4 - HC-KAR NC: 2026:KHC:23897 WP No. 12453 of 2026 officials, that is R-3 to 5 who have not complied with the directions of this Hon'ble Court in the order dated 19/01/2024 in W.P. 11261/2023. The matter of Sri. Kushal Ram Reddy Versus Bruhat Bengaluru Mahanagara Palike and others (Annexure-H) in respect of the building of the Respondents 6 and 7; (iii) PASS such other orders as this Hon'ble deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for GBA upon instructions, submits that, presently the provisional order and show cause notice under Section 243(3)(c) and (d) of the Greater Bengaluru Governance Act, 2024 have been issued against respondent nos.6 and 7 and proceedings will be initiated against respondent nos.6 and 7 accordingly. 3. Learned Senior counsel for respondent nos.6 and 7 submits that, they reserve their liberty to issue suitable reply to the said provisional order and show cause notice and also initiate appropriate legal proceedings for issuing such a notice. 4. No person is having a right to put up construction in violation of building bye-laws and the sanctioned plan. If - 5 - HC-KAR NC: 2026:KHC:23897 WP No. 12453 of 2026 respondent nos.6 and 7 are putting up construction in violation of building bye-laws and the sanctioned plan, then in that event respondent nos.1 to 5-GBA are duty bound to initiate appropriate legal action against them and remove the illegal construction put up by them. However, the same will have to be done in accordance with law. 5. Hence, the following: ORDER (i) Respondent nos.6 and 7 shall put up construction on the property which is the subject matter of the writ petition only in accordance with building bye-laws and the sanctioned plan and not otherwise; (ii) Respondent nos.6 & 7 will have the right to reply to show cause notice issued to them; (iii) Proceedings initiated by respondent nos.1 to 5 against respondent nos.6 and 7 shall be taken to its logical end in accordance with law; - 6 - HC-KAR NC: 2026:KHC:23897 WP No. 12453 of 2026 (iv) It is needless to state if respondent nos.1 to 5 do not follow the procedure established in law, both respondent nos.6 and 7 and the petitioner can take recourse to the legal remedies available to them; (v) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 23