- 1 - HC-KAR NC: 2026:KHC:15065 WP No. 6826 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6826 OF 2025 (LB-BMP) BETWEEN: 1. SMT.SUDHA MARGARET AGED 53 YEARS D/O SRI. B. FRANCIS MELANGTHON NO.285 AND 286, BUILDING NO.19 SHIRKE APARTMENT PRESENTLY R/AT APARTMENT NO.103 SUPREME SURAKSHA APARTMENTS VALIGERIHALLI, BENGALURU-560 060. …PETITIONER (BY SRI. R.S.HEGDE, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560 002. 2. THE EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE KENGERI DIVISION, KENGRI SATELLITE TOWN BENGALURU-560 060. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE KENGERI SUB DIVISION, KENGRI SATELLITE TOWN BENGALURU-560 060. 4. SMT. NIVEDITHA AGED 45 YEARS W/O SRI. G.V. SWAMY R/AT NO.154, MARAMMA TEMPLE ROAD Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15065 WP No. 6826 of 2025 (ST. FRANCIS ROAD), KENGERI SATELLITE TOWN, BENGALURU -560 060 AND ALSO R/AT NO.219 2ND CROSS ROAD, 3RD 'A' MAIN ROAD R.R. LAYOUT, NAGADEVANAHALLI JNANABHARATHI POST BENGALURU -560 056. 5. SMT. N. MALATHI AGED 72 YEARS W/O SRI. R. VAIKUNTAIAH R/AT NO.154, MARAMMA TEMPLE ROAD (ST. FRANCIS ROAD), KENGERI SATELLITE TOWN, BENGALURU-560 060 AND ALSO R/AT NO.55, B.S.K. 2ND STAGE KATHARAGUPPE, BENGALURU-560 085. …RESPONDENTS (BY SMT. SINCHANA M.R., ADVOCATE FOR R1 TO R3; SRI. K.G.SADASHIVAIAH, ADVOCATE FOR R4 AND R5) THIS PETITION IS FILED UNDER ORDERS OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.1 TO 3 TO TAKE ACTION AGAINST RESPONDENT NOS.4 AND 5 IN ACCORDANCE WITH LAW UNDER THE PROVISIONS OF BENGALURU MAHANAGARA PALIKE ACT, 2020 AND BENGALURU MAHANAGARA PALIKE BUILDING BYE LAWS 2003, TO STOP FURTHER CONSTRUCTION OF RESIDENTIAL AND COMMERCIAL BUILDING BY RESPONDENT NOS.4 AND 5 AND TO TAKE ACTION TO DEMOLISH THE ILLEGAL AND UNAUTHORIZED CONSTRUCTION TAKEN UP BY RESPONDENT NOS.4 AND 5 ON SCHEDULE 'B' PROPERTY AND ETC. - 3 - HC-KAR NC: 2026:KHC:15065 WP No. 6826 of 2025 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 Petitioner complained to BBMP, now GBA against the construction being put up by respondent nos.4 and 5 on the property which is the subject matter of the petition, alleging that the same is done in violation of building bye-laws and the sanctioned plan. 2. Learned counsel for respondent nos.4 and 5 submits, because the property is a B-khata property, he could not obtain the necessary sanction plan. However, he submits that construction is being put up in accordance with law and that now amendments have been introduced to law wherein it is permissible for conversion of B-khata into A-khata property and take necessary approval for the building already constructed and the building to be constructed by them. 3. Learned counsel for respondent nos.1 to 3-Bruhat Bengaluru Mahanagara Palike (BBMP), now Greater Bengaluru - 4 - HC-KAR NC: 2026:KHC:15065 WP No. 6826 of 2025 Authority (GBA) submits that action has been initiated against respondent nos.4 and 5 for putting up an illegal construction. However, she submits that if respondent nos.4 and 5 were to make a necessary application for change of khata from B-khata to A-khata and also for approval of the plan, the same would be considered in accordance with law. Her submission is placed on record. 4. Hence, the following: ORDER (i) The writ petition is disposed of with a direction to respondent nos.1 to 3-BBMP now GBA (West) to consider the request of respondent nos.4 and 5 for change of khata in respect to the property from B-katha to A- katha and also for plan approval in accordance with law, thereafter take a decision regarding removal of any illegal structures put up by respondent nos.4 and 5. - 5 - HC-KAR NC: 2026:KHC:15065 WP No. 6826 of 2025 (ii) The request of respondent nos.4 and 5 will be considered by GBA within period of three months from today. (iii) Respondent nos.4 and 5 will not put up any further construction till a decision is taken by GBA. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 39