- 1 - HC-KAR NC: 2026:KHC:30720 WP No. 18575 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18575 OF 2026 (LB-BMP) BETWEEN: M/S GENESIS I T INNOVATIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO. 17, 1ST MAIN, VASANTH NAGAR, BENGALURU- 560052. REPRESENTED BY ITS, AUTHORISED SIGNATORY SRI. SUNIL KUMAR G.L, S/O LAKSHMANA GOWDA G A AGED ABOUT 51 YEARS, R/AT NO. 5, SHIVA CHETHANA 3RD MAIN, L.D. BLOCK, R.T. NAGAR, BANGALORE- 560032. …PETITIONER (BY SRI. MAHADESHWARAN C N, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30720 WP No. 18575 of 2026 N.R SQUARE, BANGALORE-560002. 2. ADDITIONAL DIRECTOR OF TOWN PLANNING, ZONE 2 GREATER BENGALURU AUTHORITY, OFFICE AT NO. 407, 4TH FLOOR, ANNEXE BUILDING -03, N R CIRCLE, BENGALURU- 560002. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY PROVISIONAL ORDERS PASSED BY RESPONDENT NO.2 DATED.30/12/2025, BEARING NO. A.D.T.P/K. Z-2/P. 0/05/25-26, UNDER SECTION 243(3) (C) AND 243 (3)(D) OF GREATER BENGALURU GOVERNANCE ACT, 2024, VIDE ANNEXURE A; B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY PROVISIONAL ORDERS PASSED BY RESPONDENT NO.2, DATED. 30/12/2025, BEARING NO.A.D.T.P/K.Z-2/P.0/05./25.26 UNDER SECTION 243(3) (d) OF GREATER BENGALURU GOVERNANCE ACT,2024 VIDE ANNX-B; C. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY DIRECTING RESPONDENT - 3 - HC-KAR NC: 2026:KHC:30720 WP No. 18575 of 2026 NO.1 TO COMPLY WITH THE PROVISION CONTEMPLATED UNDER SECTION 243(3) OF THE GREATER BENGALURU GOVERNANCE ACT, 2024. D.ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OF DIRECTION BY DIRECTING RESPONDENT NO.1 AND 2, NOT TO INTERFERE OR DEMOLISH THE CONSTRUCTION PUT UP BY THE PETITIONER IN THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's grievance is with the commencement of proceedings under Section 243(3) of the Greater Bengaluru Governance Act, 2024 [for short, 'the GBA Act']. The petitioner is served with the Provisional Order on 30.12.2025, and the petitioner has filed an original suit against the authorities setting up a cause against commencement of such proceedings contending that the petitioner is only - 4 - HC-KAR NC: 2026:KHC:30720 WP No. 18575 of 2026 carrying out certain internal works. The petitioner's suit is in O.S.No.25013/2026 which now stands rejected with the GBA authorities filing an application under Order VII Rule 11 of the Code of Civil Procedure. The petitioner's grievance is with this outcome in the suit proceedings under Section 243 of the GBA Act will be completed without due knowledge. Sri.C.N.Mahadeshwaran, the learned counsel for the petitioner, and Sri Pawan Kumar, a learned standing counsel for the respondents, are heard. It cannot be gainsaid that an opportunity of personal hearing must be extended as contemplated under Section 243(3)(d) proviso and that the personal hearing must be extended notwithstanding the intervening suit and the outcome therein. As such, the following: - 5 - HC-KAR NC: 2026:KHC:30720 WP No. 18575 of 2026 ORDER [A] The petition stands disposed of reserving liberty to the petitioner to file a copy of this order with the second respondent requesting for “the personal hearing”, and the second respondent is called upon to consider the same and then proceed to pass order under Section 243 (3)(e) of the GBA Act. [B] The second respondent shall ensure that there is no precipitous action until there is closure of proceedings with just orders as envisaged under Section 243(3)(e) of the GBA Act. [C] The petitioner shall file a certified copy of this order with the second respondent within a week from the date of receipt thereof and the - 6 - HC-KAR NC: 2026:KHC:30720 WP No. 18575 of 2026 second respondent shall complete the proceedings within three [3] weeks from the date of receipt thereof. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr