- 1 - HC-KAR NC: 2026:KHC:17827 WP No. 1467 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 1467 OF 2022 (LB-BMP) BETWEEN: 1. T.P.SUBRAMANYA GUPTA AGED ABOUT 48 YEARS S/O T.R. PRABHAKAR GUPTA R/AT NO.376-377/B, "SRI RAMA" 12TH MAIN, SRINIVASA NAGAR BANASHANKARI I STAGE BENGALURU-560 050. AND ALSO R/AT SITE NO.3 (OLD NO.20), 8TH MAIN ROAD KARISANDRA VILLAGE, BENGALURU. …PETITIONER (BY SRI. ASHOK K.L., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER BANASHAKARI SUB DIVISION YEDIYUR COMMERCIAL COMPLEX S.X. KARIYAPPA ROAD, BBMP BENGALURU-560050. 3. THE ASSISTANT ENGINEER WARD NO.166 OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER BANASHANAKRI SUB DIVISION Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17827 WP No. 1467 of 2022 YEDIYUR COMMERCIAL COMPLEX S.X. KARIYAPPA ROAD, BBMP BENGALURU-560 050. …RESPONDENTS (BY SRI. SATYANAND B.S., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 29.09.2021 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.502/2019 VIDE ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Action has been initiated against the petitioner by respondents-Bruhat Bengaluru Mahanagara Palike (BBMP)/Greater Bengaluru Authority (GBA) on the ground that petitioner has put up construction in violation of building bye- laws and the sanctioned plan. The said action has been challenged by the petitioner before the Karnataka Appellate Tribunal in Appeal No.502/2019. The same has been dismissed. - 3 - HC-KAR NC: 2026:KHC:17827 WP No. 1467 of 2022 2. The petitioner is unable to show as to the error committed by the Karnataka Appellate Tribunal in this regard. However, he submits that subsequent to passing of the impugned order, amendments have taken place to the building bye-laws and some of the constructions put up by the petitioner can be saved. 3. Learned counsel for respondents-BBMP/GBA upon instructions submits that they have no objections for inspecting the property of the petitioner afresh, provided the petitioner makes an application for a modified sanction plan and thereafter, take a decision as to the existing deviation, if any. 4. No person has a right to put up construction in violation of building bye-laws. However, given the peculiar facts and circumstances of the case, interest of justice would be met if petitioner were to be given an opportunity to seek a modified building plan from the respondent authorities in pursuance of the present existing laws. 5. Hence, the following: - 4 - HC-KAR NC: 2026:KHC:17827 WP No. 1467 of 2022 ORDER (i) The petitioner is granted three weeks time from today to submit a modified plan sanction; (ii) If such an application is filed, the respondents are directed to consider the same in accordance with law and pass appropriate orders thereafter; (iii) In the event of making such an application, the respondents till a decision is taken by them, will not take any coercive steps against the petition; (iv) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 87