Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15703 WP No. 27047 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.27047 OF 2023 (LB-RES)
BETWEEN:
1.
SRI. SRINIVAS JAYARAM S/O K.V. JAYARAM, AGED ABOUT 55 YEARS, R/AT JAKKUR VILLAGE, K.V. JAIRAM ESTATE, YELAHANKA, BANGALORE NORTH TALUK.
…PETITIONER
(BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. AJAY J.N., ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE - 560 002 REPRESENTED BY ITS COMMISSIONER.
3.
THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15703 WP No. 27047 of 2023
BYATARAYANAPURA AMRUTHAHALLI MAIN ROAD, BANGALORE - 560 092.
4.
THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, BANGALORE - 560 009. …RESPONDENTS
(BY SRI. KIRAN V. RON, AAG FOR SMT. SPOORTHI V., HCGP FOR R.1 & R.4;
SRI. B.S. SATYANAND, ADVOCATE FOR R.2 AND R.3.)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER THE CHANGE OF PATHWAY APPLICATION DATED 13.11.2023 PRODUCED AS ANNEXURE-V AND QUASH THE ORDER BEARING NO.ZC/YLK/PO/36/2023-24 DATED 28.11.2023 PASSED BY RESPONDENT NO.3, PRODUCED AS ANNEXURE-AA, 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
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HC-KAR NC: 2026:KHC:15703 WP No. 27047 of 2023
ORAL ORDER
1. Though various contentions are raised in the writ petition, in the course of the arguments, Sri Ashok Haranahalli, learned Senior Counsel appearing for the petitioner submits that the petitioner has put up construction on the property, which is the subject matter of the writ petition, in violation of the sanctioned plan. However, the same is in accordance with the building bye-laws. Hence, the petitioner has submitted a modified plan to the Greater Bengaluru Authority and has requested that the same may be approved. He further submits that there existed a pathway ('B' Kharab land) in the middle of the property belonging to the petitioner and a request has been made to the State to change the said pathway to the corner of the property of the petitioner and he is willing to execute necessary documents relinquishing his rights over the land required for the change of the said pathway. He also submits that he would be satisfied, if a direction is issued to the authorities concerned to consider his request in accordance with law and pass appropriate orders.
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HC-KAR NC: 2026:KHC:15703 WP No. 27047 of 2023
2. Learned counsel appearing for Greater Bengaluru Authority, upon instructions, submits that in pursuance of the modified plan submitted by the petitioner and the request made by him, the petitioner has been intimated to produce certain documents to consider his request and the same are yet to be produced. In response, the learned counsel for the petitioner submits that the relevant documents would be submitted to the authorities concerned, within a period of fifteen days from today.
3. In respect of the change of pathway, Sri Kiran V.Ron, learned Additional Advocate General appearing for the State submits that the request of the petitioner will be considered in accordance with law and appropriate orders will be passed. The petitioner is agreeable for the same.
4. Hence, the following:
ORDER (i) Petitioner is given liberty to submit necessary documents to the jurisdictional Joint Commissioner (Bengaluru North City Corporation) in respect of his request made for sanctioning of modified plan. The
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HC-KAR NC: 2026:KHC:15703 WP No. 27047 of 2023
said submission shall be made within a period of fifteen days from today; (ii) Thereafter, the jurisdictional Officer of Greater Bengaluru Authority shall consider the request of the petitioner for sanctioning of modified plan and pass appropriate orders in accordance with law;
(iii) Till such orders are passed by the respondents, no precipitative action shall be taken against the petitioner;
(iv) The petitioner is also prohibited from putting up any additional construction on the property till appropriate decision is taken by the authorities concerned;
(v) Respondent No.4 is directed to consider the request of the petitioner for the change of pathway in accordance with law;
(vi) The writ petition stands disposed of accordingly. Pending I.As., if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
hkh. List No.: 1 Sl No.: 54