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2026 DAILYLAW 14520 (KAR)

MR K RAMESH BABU v. THE CHIEF COMMISSIONER

WP/26801/2024 · 2026-02-21

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10932 WP No. 26801 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26801 OF 2024 (LB-BMP) BETWEEN: MR. K. RAMESH BABU S/O LATE M. KRISHNAPPA AGED ABOUT 50 YEARS RESIDING AT NO.746, MUNIYALLAPPA GARDEN, AIRPORT ROAD, BANGALORE - 560 008. …PETITIONER (BY SRI. AJIT P.B, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE - 560 001. 2. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE NEXT TO MAYO HALL COURT BANGALORE - 560 001. 3. THE ASSISTANT EXECUTIVE ENGINEER BANGALORE MAHANAGARA PALIKE WARD NO 73, JEEVAN BHEEMA NAGARA SUB DIVISION, BANGALORE - 560 017. Digitally signed by SHWETHA RAGHAVENDRA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10932 WP No. 26801 of 2024 4. MR. ANKAM RAVINDRA S/O LATE A.L. NANCHARAIAH AGED ABOUT 50 YEARS RESIDING AT NO.5, MUNIYELLAPPA GARDEN NEAR DIAMOND DISTRICT, KODIHALLI, BANGALORE - 560 008. …RESPONDENTS (BY SRI. SIDDHARTH PADMARAJ DESAI, ADVOCATE FOR R1 TO R3; SRI. H.M. MURALIDHAR, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS / AUTHORITIES TO TAKE ACTION UPON THE REPRESENTATIONS DTD. 21.08.2024 AND 29.08.2024 OF THE PETITIONER PRODUCED AS UNDER.SL.NO. 1 ANNEXURE ANNX- H DESCRIPTION THE REPRESENTATION DTD. 21.08.2024 MADE TO R-1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri Siddharth Padmaraj Desai, learned counsel has entered appearance for respondent Nos.1 to 3. Hence, Registry is directed to delete the name of Sri. Pawan Kumar, as that appearing for respondent Nos.1 to 3. - 3 - HC-KAR NC: 2026:KHC:10932 WP No. 26801 of 2024 2. An inspection report has been filed. The same is taken on record. 3. Petitioner is before this Court seeking for the following reliefs: a. A Writ of Mandamus or any other appropriate writ or direction to the Respondents/Authorities to take action upon the representations dated 21.08.2024 and 29.08.2024 of the Petitioner, produced as under: Sl. No. Annexure Description 1. Annexure H The representation dated 21/08/2024 made to Respondent No.1. 2. Annexure H-1 The representation dated 21/08/2024 made to Respondent No. 2 3. Annexure H-2 The representation dated 21/08/2024 made to respondent No.3. 4. Annexure-J The representation dated 29/08/2024 made to Respondent No.1. 5. Annexure J-1 The representation dated 29/08/2024 made to Respondent No.2. 6. Annexure J-2 The representation dated 29/08/2024 made to Respondent No.3. b. Pass such order/s as deemed fit to be granted in the facts and circumstances of the case; c. For costs 4. A perusal of the inspection report indicates that there is a complete violation of the setbacks on all four sides and a 205.16% violation of the FAR and a 45.96% violation of the coverage. - 4 - HC-KAR NC: 2026:KHC:10932 WP No. 26801 of 2024 5. Learned counsel for respondent No.4 submits that the confirmatory order under Subsection (3) of Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020, has been challenged by filing an appeal before the Chief Commissioner and that the construction being put up by respondent No.4 has been stopped. 6. In that view of the matter, once an appeal has been filed before the Chief Commissioner, any action to be taken by respondent Nos.1 to 3 would be subject to the orders passed by the Chief Commissioner. As such, directing the Chief Commissioner to pass necessary orders within sixty days from today, the petition stands disposed of. 7. Needless to say, until then no coercive steps can be taken. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 27