- 1 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.31246 OF 2024 (LB-BMP) C/W WRIT PETITION NO.31313 OF 2024 (LB-BMP) IN WP No.31246/2024 BETWEEN: 1. SRI. M R GANGADHARSA S/O LATE M RAMAKRISHNA AGED ABOUT 70 YEARS R/AT NO.22, WARD NO.107, THIMMAIAH ROAD, SHIVANAGAR MAIN ROAD, RAJAJINAGAR BANGALORE-560 010. 2. SMT. V.G. CHANDRA W/O. M R GANGADHARSA AGED ABOUT 61 YEARS R/AT NO.22, WARD NO.107, THIMMAIAH ROAD, SHIVANAGAR MAIN ROAD, RAJAJINAGAR BANGALORE - 560 010. …PETITIONERS (BY SRI. SYED KHAMRUDDIN, ADVOCATE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 ALONG WITH SRI BHARADWAJ SHESHADRI AND RIDDI MOGHE, ADVOCATES.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING BENGALURU-560 001. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (WEST) BRUHAT BENGALURU MAHANAGARA PALIKE SAMPIGE ROAD JAI BHEEMA NAGAR MALLESHWARAM BENGALURU-560 003. 4. BBMP JOINT COMMISSIONER (WEST) [ALSO REFERRED AS BBMP ZONAL COMMISSIONER (WEST)] BRUHAT BENGALURU MAHANAGARA PALIKE SAMPIGE ROAD, JAI BHEEMA NAGAR, MALLESWARAM BENGALURU-560 003. 5. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE - 3 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 RAJAJINAGAR BENGALURU-560 010. 6. NITAL H SHAH W/O. BHARATH ARVIND VORA MAJOR IN AGE 7. BHARATH ARVIND VORA S/O ARVIND SHAH MAJOR IN AGE 8. KALPESH H SHAH S/O HARKACHAND SHAH MAJOR IN AGE 9. HANSAL H SHAH S/O HARKACHAND SHAH MAJOR IN AGE 10. HARKACHAND SHAH MAJOR IN AGE RESPONDENT NOS.6 - 10 ARE R/AT NO.22/1, PID NO.20-1-22/1 WARD NO.107, THIMMAIAH ROAD SHIVANAGAR MAIN ROAD RAJAJINAGAR BENGALURU-560 010 ALSO AT NO.24, NHCS LAYOUT, 3RD STAGE 4TH BLOCK, BASAVESHWARA NAGAR, BENGALURU-560 079 ALSO AT PID 18-2-9 NO.09, SHARADA COLONY - 4 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 1ST CROSS, 8TH MAIN ROAD BASAVESHWARA NAGAR BENGALURU-560 079. 11. PUSHPALATHA V W/O. RANGAHANUMAIAH H MAJOR IN AGE R/O. NO.23, PID NO.20-1-23 WARD NO.107 THIMMAIAH ROAD, SHIVANAGAR MAIN ROAD, RAJAJINAGAR BENGALURU-560 010. …RESPONDENTS (BY SRI. BOPANNA BELLIYAPPA, AGA., FOR R.1; SRI. K.S. MALLIKARJUNA REDDY, ADVOCATE FOR R.2 TO R.5; MS. JAHNAVI MANJUNATH, ADVOCATE FOR SRI CHANDRAKANTH R. GOULAY, ADVOCATE FOR R.6 TO R.10; R.11:SERVED.) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED APPELLATE ORDER PASSED BY RESPONDENT NO.2 DATED 17.11.2023 IN APPEAL NO.44/2023 (ANNEXURE-B), ETC. IN WP NO.31313/2024 BETWEEN: 1. SRI. M R GANGADHARSA S/O LATE M RAMAKRISHNASA AGED ABOUT 70 YEARS R/AT NO.22, WARD NO.107, THIMMAIAH ROAD, - 5 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 SHIVANAGAR MAIN ROAD, RAJAJINAGAR BANGALORE-560 010. 2. SMT. V.G. CHANDRA W/O. M R GANGADHARSA AGED ABOUT 61 YEARS R/AT NO.22, WARD NO.107, THIMMAIAH ROAD, SHIVANAGAR MAIN ROAD, RAJAJINAGAR BANGALORE - 560 010. ...PETITIONERS (BY SRI. SYED KHAMRUDDIN, ADVOCATE ALONG WITH SRI BHARADWAJ SHESHADRI AND RIDDI MOGHE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING BENGALURU-560 001. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (WEST) BRUHAT BENGALURU MAHANAGARA PALIKE SAMPIGE ROAD - 6 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 JAI BHEEMA NAGAR MALLESHWARAM BENGALURU-560 003. 4. BBMP JOINT COMMISSIONER (WEST) [ALSO REFERRED AS BBMP ZONAL COMMISSIONER (WEST)] BRUHAT BENGALURU MAHANAGARA PALIKE SAMPIGE ROAD, JAI BHEEMA NAGAR, MALLESWARAM BENGALURU-560 003. 5. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE RAJAJINAGAR BENGALURU-560 010. 6. NITAL H SHAH W/O. BHARATH ARVIND VORA MAJOR IN AGE 7. BHARATH ARVIND VORA S/O ARVIND SHAH MAJOR IN AGE 8. KALPESH H SHAH S/O HARKACHAND SHAH MAJOR IN AGE 9. HANSAL H SHAH S/O HARKACHAND SHAH MAJOR IN AGE - 7 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 10. HARKACHAND SHAH MAJOR IN AGE RESPONDENT NOS.6 - 10 ARE R/AT NO.22/1, PID NO.20-1-22/1 WARD NO.107, THIMMAIAH ROAD SHIVANAGAR MAIN ROAD RAJAJINAGAR BENGALURU-560 010 ALSO AT NO.24, NHCS LAYOUT, 3RD STAGE 4TH BLOCK, BASAVESHWARA NAGAR, BENGALURU-560 079 ALSO AT PID 18-2-9 NO.09, SHARADA COLONY 1ST CROSS, 8TH MAIN ROAD BASAVESHWARA NAGAR BENGALURU-560 079. 11. PUSHPALATHA V MAJOR IN AGE W/O. RANGAHANUMAIAH H R/O. NO.23, PID NO.20-1-23 WARD NO.107 THIMMAIAH ROAD, SHIVANAGAR MAIN ROAD, RAJAJINAGAR BENGALURU-560 010. …RESPONDENTS (BY SRI. BOPANNA BELLIYAPPA, AGA FOR R.1; SRI. K.S. MALLIKARJUNA REDDY, ADVOCATE FOR R.2 TO R.5; MS. JAHNAVI MANJUNATH, ADVOCATE FOR SRI CHANDRAKANTH R. GOULAY, ADVOCATE FOR R.6 TO R.10; R.11:SERVED.) - 8 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED APPELLATE ORDER PASSED BY RESPONDENT NO.2 UNDER SECTION 253 OF THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020 DATED 17.11.2023 IN APPEAL NO.124/2022 (ANNEXURE-B), ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners have challenged the orders passed by the authorities concerned in respect of the construction said to have been put up by the petitioners on their property in violation of the sanctioned plan. 2. In the course of arguments, learned counsel for the petitioners fairly submits that the present construction is not in accor `dance with the sanctioned plan granted to them. However, he submits that in the light of amendments carried out to the Zonal Regulations of the Revised Master Plan-2015 of - 9 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 Bengaluru and Greater Bengaluru (Amendment) Regulations, 2025, bulk of the construction put up by the petitioners can be saved and that they may be permitted to approach the authorities concerned by filing the necessary application along with a copy of the modified plan and seek necessary permission. 3. Learned counsel for the respondents have no objection for the same. 4. Hence, the following: ORDER (i). Petitioners are given liberty to approach the authorities concerned seeking sanction of the plan as desired by them. The same shall be done within a period of four weeks from today. (ii) The authorities concerned shall examine the request of the petitioners in the light of prevailing law and take a decision as to granting or refusing their request. Till such a decision is taken, the authorities are directed not to precipitate the matter - 10 - HC-KAR NC: 2026:KHC:13581 WP No. 31246 of 2024 C/W WP No. 31313 of 2024 against the petitioners. The petitioners also shall not alter the existing structure till a decision is taken by the authorities concerned. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 85