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2026 DAILYLAW 2521 (KAR)

SRI. M. GUNDAPPA v. THE CHIEF COMMISSIONER,

WP/5634/2026 · 2026-04-07

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18917 WP No. 5634 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.5634 OF 2026 (LB-BMP) BETWEEN: 1. SRI. M. GUNDAPPA S/O LATE MUNIRAMAIAH @ MUGAPPA, AGED ABOUT 72 YEARS, R/AT NO.15, SRINIVAGILU MAIN ROAD, NEAR YELLAMMA TEMPLE, SRINIVAGILU, VIVEKANAGAR POST, BENGALURU - 560 047. 2. SRI. MUNIYAPPA R., S/O LATE RAJAPPA, AGED ABOUT 40 YEARS, R/AT NO.15/1, SRINIVAGILU MAIN ROAD, NEAR YELLAMMA TEMPLE, SRINIVAGILU, VIVEKANAGAR POST, BENGALURU - 560 047. …PETITIONERS (BY SRI. RAJAGOPALA T.K., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18917 WP No. 5634 of 2026 AND: 1. THE CHIEF COMMISSIONER, GREATER BENGALURU AUTHORITY, N.R. SQUARE, BENGALURU-560 002. 2. THE JOINT COMMISSIONER, BOMMANAHALLI ZONE-2, BENGALURU SOUTH CITY PALIKE, GREATER BENGALURU AUTHORITY, ZONE-2, BEGUR ROAD, BENGALURU - 560 068. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO TAKE UP THE APPEAL NO.07/26 PSR (A) 238/2025-26 (ANNEXURE-A) AT THE EARLIEST POSSIBLE TIME AND CONSIDER IA NO.1/2026 FILED THEREIN, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:18917 WP No. 5634 of 2026 ORAL ORDER 1. The impugned order has been passed by respondent no.2 directing the petitioners to demolish the alleged illegal construction. Aggrieved by the said order, the petitioners have preferred an Appeal No.7/2026 before the first respondent. The present writ petition is filed with a prayer to direct the first respondent to dispose of the appeal as expeditiously as possible. 2. The case of the petitioners is that the proceedings before the first respondent are not conducted on a day-to-day basis, and until an order is passed by the first respondent, the petitioners require some protection to the construction put up by them. 3. Under the circumstances, the writ petition is disposed of with a direction to the first respondent to dispose of the appeal No.7/2026 within a period of four months from the date of receipt of a certified copy of this order. Till a decision is taken by the first respondent, respondents are directed not to precipitate the matter against the petitioners. - 4 - HC-KAR NC: 2026:KHC:18917 WP No. 5634 of 2026 4. It is hereby made clear that no opinion has been expressed on the merits of the case and the first respondent is directed to decide the appeal pending before it in the manner known to law based on the facts and circumstances of the case. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 1