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2026 DAILYLAW 19369 (KAR)

SMT. JAYANTHI. K v. THE COMMISSIONER

WP/2930/2026 · 2026-06-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26524 WP No. 2930 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2930 OF 2026 (LB-BMP) BETWEEN: SMT. JAYANTHI. K AGED ABOUT 53 YEARS D/O LATE KRISHNA REDDY RESIDING AT AVR NAKSHATRA VILLA NO. 45, AECS LAYOUT, CHINNAPPANAHALLI BENGALURU-560037 …PETITIONER (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA N. R. SQUARE, BENGALURU 560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PATIKE, HUDI DIVISION, MAHADEVAPURA, BENGALURU 560 048. 3. SMT. P. NAGAVENI MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER, W/O LATE N. K. VASUDEV REDDY NO.3 4. SRI. N. V. PURUSHOTAM MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER, S/O LATE N. K. VASUDEV REDDY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26524 WP No. 2930 of 2026 5. SRI. N. V. BHASKER REDDY MAJOR IN AGE ACTUAL AGE NOT KNOWN TO PETITIONER, S/O LATE N. K. VASUDEV REDDY RESPONDENT NOS 3 TO 5 ARE ALL R/AT NO. 105, OUTER RING ROAD, FERNS HABITAT, DODDANEKUNDI, BENGALURU-560 037 6. SMT. N. V. KAVITHA MAJOR IN AGE, ACTUAL AGE NOT KNOWN TO PETITIONER, D/O LATE N. K. VASUDEV REDDY R/AT NO. 1397, 12TH CROSS, 21ST MAIN, 1ST SECTOR, HSR LAYOUT, BENGALURU-560 102 …RESPONDENTS (BY SRI. B.S. KARTHIKEYAN., ADVOCATE FOR R1 & R2; SRI. P.B. AJIT., ADVOCATE FOR R4 & R5; SRI. R. ANIL KUMAR., ADVOCATE FOR R3 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NOS. 1 AND 2 TO FORTHWITH TAKE THE PROCEEDINGS INITIATED UNDER SECTION 248 OF THE BBMP ACT TO THEIR LOGICAL END, IN TERMS OF THE ORDER DATED 07.08.2025 PASSED IN WP NO. 34655/2024, i.e., ANNEXUR-A AND TO INITIATE AND COMPLETE COERCIVE ACTION INCLUDING SEALING AND DEMOLITION OF THE UNAUTHORIZED AND ILLEGAL CONSTRUCTION PUT UP BY RESPONDENT NOS. 3 TO 6 IN THE SCHEDULE PROPERTY, STRICTLY IN ACCORDANCE WITH LAW AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:26524 WP No. 2930 of 2026 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a) a writ of mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 1 and 2 to forthwith take the proceedings initiated under Section 248 of the BBMP Act to their logical end, in terms of the order dated 07.08.2025 passed in W.P. No. i.e. Annexure. A 34655/2024, and to initiate and complete coercive action including sealing and demolition of the unauthorized and illegal construction put up by Respondent Nos. 3 to 6 in the Schedule Property, strictly in accordance with law; b) Grant costs; c) Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case and in the interest of justice and equity. 2. During the pendency of the above matter, notice had been issued under Sub-Section (1) of Section 248 and Sub-Section (2) of Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (‘BBMP Act’ for short) followed by a confirmatory order under Sub-Section (3) of Section 248 of the BBMP Act, which is now challenged by respondent No.4 before the Chief Commissioner under Section 253 of BBMP Act. - 4 - HC-KAR NC: 2026:KHC:26524 WP No. 2930 of 2026 3. Those being the facts, action has already been taken by the respondents rendering the reliefs which have been sought for by the petitioner infructuous. 4. Reserving liberty to the petitioner to participate in the appellate proceedings before the Chief Commissioner, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 10