Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 14187 (KAR)

SMT SHOBHA L v. ZONAL COMMISSIONER

WP/8712/2025 · 2026-03-04

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13331 WP No. 8712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8712 OF 2025 (LB-BMP) BETWEEN: 1. SMT. SHOBHA.L W/O SRI.M.ANJINAPPA AGED ABOUT 46 YEARS R/AT NO.122/7, 4TH CROSS, R.K.LAYOUT, PADMANABHANAGAR, BENGALURU-560 070 …PETITIONER (BY MS. DEEPA L. KALLIMANI, ADVOCATE FOR SRI. BHARGAV G., ADVOCATE OF C.R. GOPALASWAMY AND ASSOCIATES) AND: 1. ZONAL COMMISSIONER PADMANABHANAGAR SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE NO.15 'A' BUS STATION, BBMP BUILDING BENGALURU-560 070. 2. EXECUTIVE ENGINEER PADMANABHANAGAR SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE NO.15 'A' BUS STATION, BBMP BUILDING BENGALURU-560 070. 3. ASSISTANT EXECUTIVE ENGINEER PADMANABHANAGAR SUB-DIVISION Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13331 WP No. 8712 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE NO.15 'A' BUS STATION, BBMP BUILDING BENGALURU-560 070. …RESPONDENTS (BY SRI. VAIBHAV MALIMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SETTING ASIDE THE ANNEXURE-A DATED 14.08.2023 VIDE NO. SA.KA.NI.A/PANA/C.O/182/05/2023-24 PASSED UNDER 248(1) AND (2) OF BBMP ACT, 2020 IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The issue pertains to the petitioner putting up construction on the property without obtaining the necessary sanctioned plan. It has constrained the respondents - Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP') and now Greater Bengaluru Authority - 3 - HC-KAR NC: 2026:KHC:13331 WP No. 8712 of 2025 (for short, 'the GBA') to initiate action against the petitioner. 2. The submission of the learned counsel appearing for the respondents - BBMP / GBA is that, whenever they tried to serve the notice on the petitioner, the petitioner has avoided to receiving the same, which constrained the respondents - BBMP / GBA to paste the notice on the gate of the property. 3. However, the petitioner submits that the plan according to which the building has been constructed (vide Annexure-F to the writ petition) is in accordance with law and the respondents - BBMP (GBA) may be directed to consider the same. 4. Under the circumstances, the interest of justice would be met if the respondents - BBMP (GBA) are directed to consider the plan at Annexure-F to the writ petition and come to a conclusion as to whether the same is in accordance with law or not and thereafter initiate - 4 - HC-KAR NC: 2026:KHC:13331 WP No. 8712 of 2025 appropriate action against the petitioner. Hence, the following: ORDER i. The respondents - BBMP (GBA) are directed to consider Annexure-E (the plan sanction application filed by the petitioner) and also Annexure-F, the plan said to have been submitted along with the said application and thereafter take an appropriate decision in the matter in accordance with law. ii. The said exercise shall be completed within a period of three (03) weeks from today. iii. Till that time, the respondents - BBMP (GBA) shall not initiate any precipitative action against the petitioner. iv. Till such decision is taken by the respondents - BBMP (GBA), the petitioner - 5 - HC-KAR NC: 2026:KHC:13331 WP No. 8712 of 2025 shall also not go ahead with the construction. v. The Writ Petition stands disposed of accordingly. vi. In view of disposal of the writ petition, pending I.A.s, if any, does not survive for consideration. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 19