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2026 DAILYLAW 1877 (KAR)

SRI M S PUTTAREVAIAH v. THE CHIEF COMMISSIONER

WP/529/2026 · 2026-03-12

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15003 WP No. 529 of 2026 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.529 OF 2026 (LB-BMP) BETWEEN: 1. SRI M.S. PUTTAREVAIAH AGED ABOUT 72 YEARS, S/O LATE SIDDAREVAIAH, R/AT JADALAMMA TEMPLE, NEAR SERICULTURE OFFICE, SANJEEVINI NAGAR, MARALURU DINNE, TUMAKURU-572 105. …PETITIONER (BY SRI. NAVEENKUMAR, ADVOCATE FOR SRI. M.R. NAGABHUSHANA, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BBMP., N.R.SQUARE, BANGALORE-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER DODDABIDARAKALLU SUB-DIVISION BBMP OFFICE, WARD NO.72, NEXT TO HEROHALLI TELEPHONE EXCHANGE, BHARAT NAGAR, BANGALORE-560 092. 3. SRI. JAYANNA AGED ABOUT 48 YEARS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15003 WP No. 529 of 2026 S/O SRI. RANGAPPA NO.7, 6TH CROSS, NEAR CHETHAN CIRCLE, ANDRAHALLI MAIN ROAD, SHANESHWARA NAGARA, BANGALORE-560 091. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R.1 & R.2; SRI. SHASHWATH SHETTY, ADVOCATE FOR R.3.) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION AT ANNEXURE-C AND DEMOLISH/REMOVE THE UNAUTHORIZED BUILDING CONSTRUCTED ON SITE BEARING NO.43, ASSESSMENT NO.147/4 AND 153/4, KANESHUMARI NO.43, OLD NO.188, NEW NO.1310 COMING WITHIN THE LIMIT OF BBMP MEASURING EAST TO WEST:30SQFT AND NORTH TO SOUTH:40SQFT TOTAL 1200SQFT SITUATED AT HEROHALLI VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, UNDER THE FACT AND CIRCUMSTANCES OF THE CASE, 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 - 3 - HC-KAR NC: 2026:KHC:15003 WP No. 529 of 2026 ORAL ORDER 1. The petitioner and respondent No.3 have a civil dispute in respect of the property which is the subject matter of the writ petition. Respondent No.3 is said to have put up a construction on the property. The petitioner has complained to the Bruhat Bengaluru Mahanagara Palike (BBMP), now Greater Bengaluru Authority (GBA) that the construction on the property is in violation of law. Based on the complaint of the petitioner and subsequent to the filing of the writ petition, the BBMP has inspected the property and found that the construction to be in violation of law. Hence, action has been initiated against respondent no.3 for removal of the illegal construction. 2. The rights of the petitioner and respondent no.3 in respect of the property concerned has to be adjudicated by the parties before the Civil Court. However, in respect of construction being put up, no individual has the right to construct a building in violation of building bye-laws and sanctioned plan. If there is an illegal construction, a duty - 4 - HC-KAR NC: 2026:KHC:15003 WP No. 529 of 2026 is cast upon the Authorities concerned to remove the illegal construction. 3. Sri.Pawan Kumar, learned counsel appearing for the BBMP, now GBA, submits that action has been initiated to remove the illegal construction on the property concerned. 4. The writ petition is disposed of with a direction to the BBMP to take the proceedings to its logical end in accordance with the law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 21