- 1 - HC-KAR NC: 2026:KHC:28542 WP No. 17589 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17589 OF 2026 (LB-BMP) BETWEEN: 1. SRI S SHANMUGAM S/O LATE B. SAGADEVAN, AGED ABOUT 62 YEARS, RESIDING AT NO.143, 10TH CROSS ROAD, II BLOCK, R.T. NAGAR, BENGALURU - 560 032. 2. SRI. S. SURESH KUMAR S/O LATE B. SAGADEVAN, AGED ABOUT 54 YEARS, RESIDING AT NO.143, 10TH CROSS ROAD, 1I BLOCK, R.T. NAGAR, BENGALURU - 560032. …PETITIONERS (BY SRI. VISHWAS GOWDA G M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28542 WP No. 17589 of 2026 4TH FLOOR, VIKAS SOUDHA, BANGALORE-560 001. 2. THE GREATER BENGALURU AUTHORITY, REPRESENTED BY ITS CHIEF COMMISSIONER, HUDSON CIRCLE, N.R. SQUARE, BENGALURU - 560002. 3. THE JOINT COMMISSIONER, GREATER BENGALURU AUTHORITY, BENGALURU NORTH CITY CORPORATION YELAHANKA ZONE - II, HESARAGHATTA MAIN ROAD, DASARAHALLI, BENGALURU - 560 072. 4. THE ASSISTANT EXECUTIVE ENGINEER (V) BESCOM, C-4 SUBDIVISION, GANGANAGAR, BENGALURU - 560032. …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 01.06.2026 BEARING NO. BEN.U.NA.PA/JA.A/VA-2/P.R/15/2025-26 PASSED BY THE 3RD RESPONDENT PURSUANT TO THE SPOT INSPECTION REPORT CONCERNING PROPERTY NO.143, - 3 - HC-KAR NC: 2026:KHC:28542 WP No. 17589 of 2026 10TH CROSS ROAD, II BLOCK, R.T. NAGAR, BENGALURU; B) HOLD THAT THE FINDINGS RELATING TO THE ALLEGED FLOOR VIOLATION ARE UNSUSTAINABLE IN LAW; C) DIRECT THE RESPONDENTS TO RECONSIDER THE MATTER AFRESH AFTER UNDERTAKING PROPER AND OBJECTIVE VERIFICATION OF THE ACTUAL STATUS OF THE BUILDING AND AFTER AFFORDING DUE CONSIDERATION TO THE PETITIONERS CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have called in question the Order dated 01.06.2026 [Annexure-B] under Sections 243[3][e] and 244[1] of the Greater Bengaluru Governance Act, 2024 [for short, 'the GBG Act'] relying upon a certain alleged error in the Preliminary Report under Section 243[2] of the GBG Act in recording that there is an additional floor. Sri Vishwas Gowda G M, the learned counsel for the petitioners, and Sri Pawan Kumar, a learned standing - 4 - HC-KAR NC: 2026:KHC:28542 WP No. 17589 of 2026 counsel for the respondents who is called upon to accept notice for these respondents, are heard. It is undisputed that the petitioners have an alternative remedy under Section 250 of the GBG Act and if there is any error, that must necessarily be examined by the appellate Authority. There is no reason, in the facts of the case, for interference under Article 226 of the Constitution of India when there is alternative remedy. At this stage, Sri Vishwas Gowda G M submits that there may be interim protection lest the alternative remedy is rendered of no consequence. These submissions are considered, and hence the following. ORDER [a] The petition stands disposed of with liberty to avail alternative remedy to the petitioners. [b] The respondents are called upon to desist from taking coercive measures - 5 - HC-KAR NC: 2026:KHC:28542 WP No. 17589 of 2026 for a period of four [4] weeks from today observing that the appellate Authority shall decide on any request for the interim order, if an appeal is filed, independent of this arrangement and on merits. Sd/- (B M SHYAM PRASAD) JUDGE AN/-