- 1 - HC-KAR NC: 2026:KHC:15883 WP No. 9964 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 9964 OF 2019 (LB-BMP) BETWEEN: 1. SRI. Y.N.KRISHNA REDDY S/O LATE NARAYANA REDDY AGED 63 YEARS 2. SMT. G.KAMALAKSHI W/O Y.N.KRISHNA REDDY AGED 57 YEARS PRESENTLY, BOTH ARE R/AT NO.1130, 18TH CROSS, BSK 2ND STAGE, BENGALURU - 560 080. …PETITIONERS (BY SRI. PRAKASH M.H., ADVOCATE) AND: 1. COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.CIRCLE, BENGALURU - 560 002. 2. ASST. EXECUTIVE ENGINEER BANASHANKARI SUB-DIVISION YEDIYUR COMMERCIAL COMPLEX S.KARIYAPPA ROAD BENGALURU - 560 070. …RESPONDENTS (BY SMT. SARITHA KULKARNI, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15883 WP No. 9964 of 2019 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDE DATED 30.06.2017 PASSED BY RESPONDENT NO.2 IN SaKaaNiAa/Ba/Sham/Ward 165/C.O./17/16-17, VIDE ANNEXURE-D AND ALSO TO QUASH THE JUDGMENT DATED 18.01.2019 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.990/2017, VIDE ANNEXURE-F 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: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Proceedings have been initiated against the petitioners by respondents-Bruhat Bengaluru Mahanagara Palike (BBMP), now Greater Bengaluru Authority (GBA) on the ground that the petitioners have put up construction in violation of building bye- laws and the sanctioned plan. The petitioners have challenged the same before Karnataka Appellate Tribunal and the Karnataka Appellate Tribunal has dismissed the appeal. Aggrieved by the same, the present writ petition is filed. - 3 - HC-KAR NC: 2026:KHC:15883 WP No. 9964 of 2019 2. In the course of arguments, learned counsel for the petitioners has admitted that petitioners have indeed put up construction in violation of the sanctioned plan. But it is submitted that due to change in law, certain deviations can be regularized and in this regard petitioners have submitted a modified plan to the jurisdictional Joint Commissioner, GBA and it is prayed that an order be passed directing the jurisdictional Joint Commissioner to consider the request of the petitioners and pass appropriate orders in accordance with law. 3. Learned counsel for the respondents is agreeable for the same. 4. No person has a right to put up construction in violation of the building bye-laws and sanctioned plan. If there are any deviations they have to be removed. However, in the instant case the petitioners are seeking only regularization of the permissible constructions that has been put up by them in accordance with law. Further, learned counsel for the petitioners submits that, if there is any deviation they will have the same removed. 5. Hence, the following: - 4 - HC-KAR NC: 2026:KHC:15883 WP No. 9964 of 2019 ORDER (i) The jurisdictional Joint Commissioner of GBA is directed to consider the request of the petitioners for approval of modified plan in accordance with law and only thereafter, if there is any construction in violation of permissible limits, action will be initiated against the petitioners in the manner known to law. (ii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 56