M/S HIRAN BUILDERS AND DEVELOPERS v. BRUHAT BENGALURU MAHANAGARA PALIKE
WP/35881/2024 · 2026-03-12
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15825 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15825 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14792 WP No. 35881 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.35881 OF 2024 (LB-BMP)
BETWEEN:
1.
M/S HIRAN BUILDERS AND DEVELOPERS A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT HAVING ITS PLACE OF BUSINESS AT NO.5, VIVIANI ROAD, FRAZER TOWN BANGALORE-560 005.
REPRESENTED BY ITS PARTNERS
1. MR. DINESH JAIN
2. MR. PRATEEK JAIN. …PETITIONER (BY SMT. VAISHALI HEGDE, ADVOCATE)
AND:
1.
BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY THE CHIEF COMMISSIONER N.R. SQUARE, BENGALURU-560 002.
2.
THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE EAST ZONE, N.R. SQUARE BENGALURU-560 002.
3.
THE ASSISTANT DIRECTOR OF CITY PLANNING (EAST) 22ND FLOOR, SUBASH CHANDRA BOSE BUILDING, M.G.ROAD BENGALURU-560 001.
4.
THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE MARUTHI SEVA NAGAR SUB-DIVISION
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14792 WP No. 35881 of 2024
R.S. PALYA, KAMMANAHALLI MAIN ROAD BENGALURU-560 038.
5.
SRI. REUBEN ADIELDENGA S/O CHARLES DENGA AGED ABOUT 59 YEARS R/AT S1 2ND FLOOR, NO.47 MAYASTELLA APARTMENT ASHOKA ROAD, BENGALURU NORTH BENGALURU-560 084.
6.
SRI. ARUN CHRISTOPHER SYLVESTER S/O SYLVESTER JESURAJ AGED ABOUT 44 YEARS R/AT F2, 1ST FLOOR, NO.47 MAYASTELLA APARTMENT ASHOKA ROAD, BENGALURU NORTH BENGALURU -560 084.
7.
SRI. V.MATHIALAGAN S/O A.VEERABHADRAN AGED ABOUT 60 YEARS R/AT 1820/5, C BLOCK SAHAKARNAGAR BANGALORE-560 092.
(OWNER OF FLAT NO.S2 2ND FLOOR, 47, MAYASTELLA APARTMENT ASHOKA ROAD, BENGALURU-560 084.
8.
SRI. NOOMAN ZAID KHAN S/O SHAFIULLA RAHIM KHAN AGED ABOUT 28 YEARS NO.43, ASHOKA ROAD NORTH STREET, COOKE TOWN BENGALURU - 560 084.
RESPONDENT NOS.5 TO 8 ARE IMPLEADED VIDE COURT ORDER DATED 17.02.2025
…RESPONDENTS
(BY SRI. KARTHIKEYAN B.S., ADVOCATE FOR R1 TO R4;
SRI. P.MAHESHA, ADVOCATE FOR R5 TO R8)
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HC-KAR NC: 2026:KHC:14792 WP No. 35881 of 2024
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE ORDER DATED 07.12.2024 VIDE ANNEXURE-A PASSED BY THE 1ST RESPONDENT IN APPEAL NO.111/2024 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 the petitioner is putting up construction in violation of the sanctioned plan and the building bye-laws, respondent nos.1 to 4-Bruhat Bengaluru Mahanagara Palike (BBMP) now Greater Bengaluru Authority (GBA) initiated action against the petitioner. Aggrieved by the same, the present petition is filed with the following prayers: (i) Issue a Writ of Certiorari or such other appropriate Writ or Order or Direction, quashing the Order dated 07/12/2024 vide ANNEXURE 'A' passed by the 1st respondent in Appeal No.111/2024, in the interest of justice and equity. (ii) Issue a Writ of Certiorari or such other appropriate Writ or
Order or Direction, quashing the Confirmation Order dated 28/03/2024 bearing
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HC-KAR NC: 2026:KHC:14792 WP No. 35881 of 2024
No.Sa.Ni.Na. Yo (Pu)/CO/137/23-24 vide ANNEXURE 'B' passed by the 3rd respondent, the Provisional
Order dated 28/02/2024 bearing No.Sa.Ni/(NaYo)/Purva/PO/137/23-24 vide ANNEXURE 'B1' passed by the 3rd respondent and the Show Cause Notice dated 28/02/2024 bearing No.Sa.Ni/(NaYo)/Purva/PO/137/23-24 issued by the 3rd respondent vide ANNEXURE 'B2', in the interest of justice and equity. (ii) Issue such other appropriate Writ or Order of Direction as deemed fit under the facts and circumstances of the case, in the interest of justice and equity."
2. Perusal of the papers show that the petitioner has indeed put up construction in violation of the building bye-laws and the sanctioned plan. The petitioner has failed to point out any error in the impugned orders passed by BBMP now GBA.
3. For the aforementioned reasons, the writ petition stands dismissed.
4. The GBA is directed to act against the petitioner in accordance with law.
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HC-KAR NC: 2026:KHC:14792 WP No. 35881 of 2024
5. Liberty is also granted to the petitioner to seek regularization of any of the constructions if the same is permissible due to subsequent amendments.
Pending interlocutory applications, if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 32