- 1 - HC-KAR NC: 2026:KHC:25257 WP No. 15073 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15073 OF 2026 (LB-BMP) BETWEEN: SHRIREESH DWIVEDI S/O. D. N. DWIVEDI REPRESENTED BY HIS GPA HOLDER DIVYA DWIVEDI W/O. SHIREESH DWIVEDI AGED ABOUT 46 YEARS, RESIDING AT FLAT NO.314, A-4 BLOCK, GHATAPRABHA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 047 …PETITIONER (BY SRI. VIJAY B.K.,ADVOCATE) AND: 1. THE GREATER BENGALURU AUTHORITY (GBA) FORMERLY KNOWN AS THE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), HAVING ITS HEAD OFFICE AT N.R. SQUARE, BENGALURU - 560 002, REPRESENTED BY THE COMMISSIONER 2. KARNATAKA HOUSING BOARD (KHB), CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 009 REPRESENTED BY ITS COMMISSIONER. 3. ASSOCIATION OF OWNERS, A-4 BLOCK, GHATAPRABHA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25257 WP No. 15073 of 2026 BENGALURU - 560 047. 4. ANANT SINGHAL, S/O JITENDRA AGARWAL, AGED ABOUT 56 YEARS 5. SHIKHA SINGHAL, W/O. ANANT SINGHAL AGED ABOUT 54 YEARS 6. ANU SINGHAL D/O. ANANT SINGHAL AGED ABOUT 25 YEARS DEFENDANTS 4-6 RESIDING TOGETHER AT FLAT NO. 414, A-4 BLOCK, GHATAPRABHA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU 560047. …RESPONDENTS (BY SRI. PAVAN KUMAR.,ADVOCATE FOR R1; SRI. H L PRADEEP KUMAR.,ADVOCATE FOR R2; SRI. ANIL BABU C., ADVOCATE FOR R4 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT DIRECTING RESPONDENTS NO.1 AND 2 TO FORTHWITH INSPECT THE SCHEDULE B PROPERTY AND TAKE APPROPRIATE ACTION IN ACCORDANCE WITH LAW AGAINST THE UNAUTHORIZED CONSTRUCTION CARRIED OUT BY RESPONDENTS NO.4 TO 6 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:25257 WP No. 15073 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, the petitioner respectfully prays that this Hon'ble Court may be pleased to: a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing Respondents No.1 and 2 to forthwith inspect the Schedule B Property and take appropriate action in accordance with law against the unauthorized construction carried out by Respondents No.4 to 6; b) Issue a writ, order or direction directing Respondents No.1 and 2 to clearly determine and assume jurisdiction in respect of the subject property and ensure that statutory action is not defeated on the ground of inter se jurisdictional disputes; c) Issue a writ directing Respondents No.1 and 2, jointly and/or severally, to initiate proceedings under the applicable building by-laws and municipal laws, including issuance of notice, stoppage of work, sealing and/or demolition/removal of unauthorized construction in the Schedule B Property; d) Issue a writ directing Respondents No.1 and 2 to act upon the petitioner's complaint dated 19.02.2026 and the subsequent transfer/endorsement dated 24.02.2026 within a time-bound manner, as may be fixed by this Hon'ble Court; e) Issue a writ directing Respondents No.4 to 6 to immediately stop all construction and renovation activities in the Schedule B Property; f) Pass 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:25257 WP No. 15073 of 2026 2. It is the grievance of the petitioner that he has given a representation dated 19.02.2026 to respondent No.1 requesting immediate intervention against the unauthorised constructions that are being made by respondent Nos.3 to 6. It is the grievance of the petitioner that respondent Nos.1 and 2 have not taken any action. It is stated that in fact, the petitioner has filed O.S.No.5694/2025, in that he has filed an IA seeking injunction to stop the construction during the pendency of the suit. The Trial Court had passed an order which reads thus: "The defendants No.1 to 3 are restrained from carrying out any major work in their suit 'B' schedule flat, which affects the structural integrity of the building of the plaintiff or which would cause any danger to the plaintiff, his flat or to any of the inhabitants of the building. It is made clear that this order will not come in the way of defendants No.1 to 3 from carrying out repairs in their flat without violating the building by- laws and without causing any damage or danger to the plaintiff, his family members and the entire building. The defendants No.1 to 3 shall completely adhere to the undertaking given by them while - 5 - HC-KAR NC: 2026:KHC:25257 WP No. 15073 of 2026 carrying out the repair works as per the affidavit filed by them before this Court on 17.02.2026. If the defendants No.1 to 3 have violated/violates any of the building by-laws, the defendant No.5 is at liberty to take appropriate legal action without being affected or influenced by any of the observations made in this order." 3. It is the case of the petitioner that thereafter he made a representation to respondent No.1 and they have not taken any action which made the petitioner to come before this Court. 4. Learned counsel appearing for respondent No.1 submits that they will consider the representation in accordance with law. 5. Learned counsel appearing for respondent Nos.4 to 6 submits that the petitioner, on one pretext or the other is approaching the Court without any basis. It is submitted that the petitioner has filed MFA.No.2019/2026 against the order passed in I.A. in the suit, the same is pending consideration before this Court and this is the third round of litigation. It is submitted that respondent Nos.4 to 6 are not making any - 6 - HC-KAR NC: 2026:KHC:25257 WP No. 15073 of 2026 unauthorised construction as stated by the petitioner. In fact, it is an old building and they are only taking up the renovation works and to the best reasons known to the petitioner he is coming before this Court with one complaint or the other and he is not entitled for any relief from this Court. 6. Having heard the learned counsels on either side, perused the material on record. The petitioner, no doubt has instituted a suit against the respondents for a particular cause of action. In the said order, the Trial Court had observed that if the defendants are making any construction contrary to the law, respondent No.1/BBMP is at liberty to take action. Thereafter, the petitioner has given a representation dated 19.02.2026 bringing to the notice of the BBMP about the unauthorised constructions that are made. It is submitted that the BBMP had transferred the same to the Karnataka Housing Board on 24.02.2026 as they have no jurisdiction. Respondent No.2/Karnataka Housing Board ought to have considered the representation. In that view of the matter, this Court is passing the following: - 7 - HC-KAR NC: 2026:KHC:25257 WP No. 15073 of 2026 ORDER i. Respondent No.2 is directed to consider the representation of the petitioner dated 19.02.2026 which is transferred from respondent No.1/BBMP within a period of four weeks from the date of receipt of copy of this order by giving a reasonable opportunity to respondent Nos.4 to 6. ii. Accordingly, the writ petition is disposed of. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 17