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2026 DAILYLAW 19727 (KAR)

MR ASHWIN SAMUEL JOSEPH v. STATE OF KARNATAKA

WP/16068/2026 · 2026-05-29

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25328 WP No. 16068 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16068 OF 2026 (LB-BMP) BETWEEN: MR. ASHWIN SAMUEL JOSEPH S/O. MR A.V. JOSEPH, @ ALFRED VICTOR JOSEPH, AGED ABOUT 31 YEARS, OCC: ENGINEER, R/AT NO.254/1, MUNISWAMAPPA LAYOUT, CHIKKA BANASWADI, BANGALORE – 560 033 …PETITIONER (BY SMT. RASHMI DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, MS BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER THE GREATER BANGALORE AUTHORITY FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, WARD NO.27, BANASWADI, BANGALORE – 560 033. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25328 WP No. 16068 of 2026 3. THE JOINT COMMISSIONER, THE GREATER BANGALORE AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, GBA (BBMP) EAST ZONE, BANGALORE – 560 033. 4. THE ASSISTANT EXECUTIVE ENGINEER GREATER BANGALORE AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, (BBMP), WARD NO.27-BANASWADI, GREATER BENGALURU AUTHORITY BANGALORE – 560 033. 5. BENGALURU NORTH CITY CORPORATION, GREATER BANGALORE AUTHORITY, WARD NO.27-BANASWADI. BANGALORE-560033. 6. THE PUBLIC INFORMATION OFFICER, GREATER BANGALORE AUTHORITY, FORMERLY BRUHAT BENGALURU MAHANAGARA PALIKE, EAST ZONE - GBA (BBMP) BANGALORE-560033. 7. MR. SHAKTHIVEL R/AT NO.254/2, 3RD CROSS MUNISWAMAPPA LAYOUT, CHIKKABANASWADI, BANGALORE-560033. …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SRI. PAWAN KUMAR, ADV. FOR R2 TO R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT R2 TO 5 TO CONSIDER THE REPRESENTATION DATED 29.03.2026 AND 05.04.2026 AT ANNX-A TO; II. DIRECT RESPONDENT NOS.2 - 3 - HC-KAR NC: 2026:KHC:25328 WP No. 16068 of 2026 TO 5 TO FORTHWITH INSPECT THE BUILDING SITUATED AT SITE NO.254/2 BELONGING TO RESPONDENT NO.7, TAKE ACTION AGAINST THE ILLEGAL AND UNAUTHORISED CONSTRUCTION, RESTRAIN RESPONDENT NO.7 FROM CARRYING OUT ANY FURTHER CONSTRUCTION IN VIOLATION OF THE APPLICABLE RULES AND BYE-LAWS, AND TAKE APPROPRIATE ACTION IN ACCORDANCE WITH LAW, INCLUDING DEMOLITION/REMOVAL OF THE UNAUTHORISED PORTIONS OF CONSTRUCTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “i. Direct Respondent Nos 2 to 5 to consider the representation dated 29 March 2026 and 5 April 2026 at Annexure A to ii. Direct Respondent Nos.2 to 5 to forthwith inspect the building situated at Site No.254/2 belonging to Respondent No.7, take action against the illegal and unauthorised construction, restrain Respondent No.7 from carrying out any further construction in violation of the applicable rules and bye-laws, and take appropriate action in accordance with law, including demolition/removal of the unauthorised portions of construction; iii. Grant such other order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC:25328 WP No. 16068 of 2026 2. Learned counsel appearing for the petitioner submits that the petitioner has given two representations dated 29.03.2026 and 05.04.2026 to the respondent Nos.2 to 5 bringing to their notice that respondent No.7 is carrying an un-authorised construction, but the respondent Nos.2 to 5 have failed to take action. Hence, the petitioner is constrained to come before this Court. 3. Learned counsel appearing for respondent Nos.2 to 5 submits that they will consider the representations of the petitioner in accordance with law. 4. Accordingly, this Court is passing the following: ORDER i. The respondent Nos.2 to 5 are directed to consider the representations of the petitioner dated 29.03.2026 and 05.04.2026 in accordance with law within a period of six weeks from the date of receipt of the copy of the order. ii. The respondent Nos.2 to 5 before considering the representation of the petitioner shall give an opportunity to respondent No.7. iii. This Court has not issued notice to respondent No.7 as no adverse orders are being passed by this Court. - 5 - HC-KAR NC: 2026:KHC:25328 WP No. 16068 of 2026 iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KG List No.: 1 Sl No.: 33