Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25253 WP No. 14648 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. 14648 OF 2026 (LB-BMP) BETWEEN:
MRS. ZAFREEN MUNEER W/O MR. MUNEER PASHA, AGED ABOUT 48 YEARS, R/AT HOUSE NO. 3, STANDAGE ROAD, FRAZER TOWN, BENGALURU - 560 005.
(AGGRIEVED PERSON - REPRESENTANT BEFORE BBMP) …PETITIONER (BY SRI. ALI MOHAMMED, ADVOCATE) AND:
1.
THE COMMISSIONER GREATER BENGALURU AUTHORITY (GBA), N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002.
2.
THE COMMISSIONER, BENGALURU CENTRAL CITY CORPORATION (BCCC), 10TH FLOOR, MULTIPURPOSE P.U. BUILDING, M.G. ROAD, BENGALURU - 560 001.
3.
THE ZONAL / JOINT COMMISSIONER, FRAZER TOWN ZONE-01, CENTRAL CITY CORPORATION, BBMP, PUBLIC UTILITY BUILDING,
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25253 WP No. 14648 of 2026
M.G. ROAD, BENGALURU - 560 001.
4.
THE OWNER / BUILDER / DEVELOPER, OF THE PREMISES ADJACENT/ADJOINING TO THE SOUTH OF HOUSE NO. 3, STANDAGE ROAD, FRAZER TOWN, BENGALURU - 560 005.
ADDRESS BEING NO.5/1, STEPHEN'S ROAD, PULAKESHI NAGAR, BEARING PID NO.91-7-5/1, BANGALORE - 560 005. …RESPONDENTS (BY SRI. KARTHIKEYAN B.S, ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE RESPONDENT NO.1 TO 3 TO CONSIDER THE REPRESENTATION DATED 18/04/2026 AT ANNEXURE-E TO THE PRESENT WRIT PETITION IN ACCORDANCE WITH LAW AND EXPEDITIOUSLY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:25253 WP No. 14648 of 2026
ORAL ORDER
The present writ petition is filed seeking the following prayers:
“(a) Issue a writ, order or direction in the nature of mandamus or any other writ directing the Respondent No.1 to 3 to consider the Representation dated 18/04/2026 at Annexure-E to the present writ Petition in accordance with law and expeditiously; (b) Issue a Writ of Mandamus or any other appropriate Writ,
Order or Direction directing Respondents 1 to 3 to forthwith issue a Stop-Work Notice to Respondent No.4 (owner/developer/builder) and ensure immediate cessation of all ongoing construction activities in and over the Conservancy Lane; (c) Issue a Writ of Mandamus or any other appropriate Writ,
Order or Direction directing Respondents 1 to 3 to pass appropriate orders for demolition of the entire unauthorized construction put up in and over the Conservancy Lane and to execute the same in a time-bound manner as may be fixed by this Hon'ble Court;
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HC-KAR NC: 2026:KHC:25253 WP No. 14648 of 2026
(d) Issue a Writ of Mandamus or any other appropriate Writ,
Order or Direction directing Respondents 1 to 3 to restore the Conservancy Lane to its original condition as a public utility passage and to take effective steps to prevent any further encroachment or obstruction; (e) Pending disposal of the present Writ Petition, be pleased to restrain Respondent No. 4, his agents, servants, or any person claiming through or under him, from carrying out any further construction activity in and over the Conservancy Lane, and consequently direct Respondents 1 to 3 to ensure strict compliance of the same; (f) Pass such other and further orders, writs, directions, or reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice, equity, and protection of public property.”
2. It is the case of the petitioner that the he is the absolute owner of the immovable property bearing House No.3 (Old No.18), Corporation Division No.84, Ward No.78, situated at Standage Road, Frazer Town, Bengaluru, totally measuring about 1255 sq. ft. It is stated that the schedule property
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HC-KAR NC: 2026:KHC:25253 WP No. 14648 of 2026
consists of a multi-storied residential building and that the petitioner has been regularly paying taxes to the BBMP.
3. It is the grievance of the petitioner that the owner/developer/builder of the neighboring/adjacent property is carrying out construction in the conservancy lane abutting the property of the petitioner. In this regard, the petitioner has given a representation dated 18.04.2026 to the respondents. It is further contended that the respondents have not taken any action on the said representation given by the petitioner.
4.
Learned counsel appearing for the respondent/ BBMP submits that they will consider the representation in accordance with law.
5. When the petitioner has given a representation dated 18.04.2026 bringing it to the notice of the respondents that unauthorised constructions are being carried out in the conservancy lane, the respondents ought to have considered the same in accordance with law. This Court is not issuing notice to the respondent No.4, as this Court is directing the respondent to give an opportunity to the unofficial respondent before passing any orders on the petitioner’s representation
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HC-KAR NC: 2026:KHC:25253 WP No. 14648 of 2026
6. In that view of the matter, this Court is passing the following:
ORDER i) Accordingly, the writ petition is disposed of, directing the respondents to consider the representation dated 18.04.2026 within a period of 4 weeks from the date of receipt of the copy of this order. ii) Before considering the representation dated 18.04.2026, the respondents shall issue the notice to respondent No.4.. iii) Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
SMC List No.: 1 Sl No.: 12