- 1 - HC-KAR NC: 2026:KHC:30429-DB WA No. 42 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 42 OF 2024 (LB-BMP) BETWEEN: 1. SRI.M.K. DWARAKANATH, S/O LATE DR.M.N. KRISHNAMACHAR, AGED ABOUT 56 YEARS, OCCUPATION:PRIVATE SERVICE, R/A NO.177/B, 19TH MAIN, SUBRAMANYA NAGAR, OPP. KARUMARIYAMMA TEMPLE, BENGALURU - 560 021. 2. SRI. M.K VENKATESH S/O LATE DR. M.N. KRISHNAMACHAR, AGED ABOUT 53 YEARS, OCCUPATION:PRIVATE SERVICE, R/A NO.177/B, 19TH MAIN, SUBRAMANYA NAGAR, OPP. KARUMARIYAMMA TEMPLE, BENGALURU - 560 021. …APPELLANTS (BY SRI. KANTHARAJU N K., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU - 560 002. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30429-DB WA No. 42 of 2024 2. THE ASSISTANT EXECUTIVE ENGINEER, MALLESWARAM SUB-DIVISION, BBMP, 11TH CROSS, EAST PARK ROAD MALLESHWARAM, WARD NO.66, BENGALURU - 560 003. 3. SRI. V.T. RANGACHAR, S/O LATE V.R. TIRUMALACHAR, AGED ABOUT 56 YEARS, R/A NO.177/C 19TH MAIN ROAD, SUBRAMANYANAGAR, OPP.KARUMARIYAMMA TEMPLE, BANGALORE - 560 021. …RESPONDENTS (BY MS. M.C. NAGASHREE., ADVOCATE FOR R1 AND R2, SRI. V.T. RANGACHAR, PARTY-IN-PERSON FOR C/R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:06.12.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.6849/2020 AND ALLOW THE WP AS PRAYED FOR WITH COSTS THROUGH OUT AND REMAND THE MATTER FOR FRESH CONSIDERATION BEFORE THE JOINT COMMISSIONER AND ASSISTANT DIRECTOR OF TOWN PLANNING BBMP (WEST) MALLESWARAM BENGALURU-560003 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:30429-DB WA No. 42 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) On 20.11.2025, this Court passed the following order: "1. After some arguments, it appears that one of the solutions for the appellants' grievance is for the appellants to furnish a fresh plan for modification, as well as for raising a Second Floor. The concerned Department shall consider whether the same conforms to the Building bye-laws and if so, to grant such permission. 2. Needless to state that the appellants would be required to complete the entire construction within the time as stipulated by the authority. 3. Learned counsel appearing for the BBMP seeks time to take instructions. 4. List on 16.12.2025. 5. Interim order granted earlier to continue till the next date of hearing." 2. In pursuance to the said order, the appellant has made an application to the Bengaluru West City Corporation, for sanctioning the modified plan of his building in question. - 4 - HC-KAR NC: 2026:KHC:30429-DB WA No. 42 of 2024 3. The request in the application of the appellant dated 27.02.2026, to approve the building plans was considered and vide the building license dated 02.03.2026, the building plans have been sanctioned. 4. The appellant should now modify or re-construct his building strictly as per the sanctioned building plans dated 02.03.2026. 5. The Bengaluru West City Corporation shall inspect the building as soon as the appellant will intimate the said authority that the building is complete. The learned counsel for the appellant submits that the building would be completed in accordance with the sanctioned building plan dated 02.03.2026. If the Bengaluru West City Corporation finds the building constructed in accordance with the revised building plan dated 02.03.2026, they shall issue the completion certificate. 6. With the aforesaid directions and observations, preset appeal stands disposed of. In view of the modified - 5 - HC-KAR NC: 2026:KHC:30429-DB WA No. 42 of 2024 plan having been sanctioned, the impugned order does not survive and therefore, set-aside. 7. We make it clear that the appellant shall construct the building or modified the building strictly in accordance with the revised sanctioned building plan dated 02.03.2026 and no deviations shall be permitted. Any deviation would result in strict action in accordance with the law. 8. In view of the disposal of the appeal, all/any pending application, stand closed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 6 ct-vn