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High Court of Karnataka · body

2026 DAILYLAW 27502 (KAR)

MR. B K BHUVANESH v. THE COMMISSIONER

WP/17807/2026 · 2026-06-18

B M Shyam Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29892 WP No. 17807 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17807 OF 2026 (LB-BMP) BETWEEN: MR. B K BHUVANESH AGED ABOUT 44 YEARS, S/O A. KRISHNAMURTHY, RESIDENT OF 1ST CROSS, NANJAPPA GARDEN, OPP GOVT. FAIR PRICE DEPOT, BABUSAPALYA, BENGALURU-560043. …PETITIONER (BY SRI. S Z A KHURESHI., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU EAST CITY CORPORATION, GREATER BENGALURU AUTHORITY, R.H.B. COLONY, WHITE FIELD MAIN ROAD, MAHADEVAPURA, BENGALURU - 560048. 2. THE ASSISTANT EXECUTIVE ENGINEER, BENGALURU EAST CITY CORPORATION, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29892 WP No. 17807 of 2026 HORAMAVU SUB-DIVISION, (UPPA VIBHAGA), GREATER BENGALURU AUTHORITY, BEHIND HORAMAVU POST OFFICE, JAYANTI NAGAR MAIN RD, ASHIRVAD COLONY, BENGALURU-560 113. …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE NOTICE BEARING NO.GBA/CKA/H.U.V/P.R/W-04/2026-27 DATED 09.06.2026 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER. HORAMAVU SUB-DIVISION. BENGALURU EAST CITY CORPORATION, GREATER BENGALURU AUTHORITY, AT ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts ownership of an immovable property bearing Nos. 14 and 15, KEB office Road, Doddaiah Layout, Nanjappa Garden, Babusapalya, Bengaluru [the Subject Property]. The petitioner has instituted a suit against third parties in O.S. No.3371/2026 on the file of the Principal City - 3 - HC-KAR NC: 2026:KHC:29892 WP No. 17807 of 2026 Civil and Sessions Judge, Bengaluru. The civil Court has granted ex parte injunction on 02.05.2026 restraining these third parties from interfering with the petitioner's peaceful possession. 2. Sri S Z A Khureshi, the learned counsel for the petitioner, relying upon the photographs of the subject property, submits that [a] the petitioner's property is vacant except for a temporary shed, [b] the petitioner is not undertaking any further construction, [c] notwithstanding the afore, the impugned Notice dated 09.06.2026 [Annexure-A] is issued under Sections 311 and 312 of the Greater Bengaluru Governance Act, 2024 [for short, ‘the GBG Act’], calling upon the petitioner to produce copies of the sanctioned plan, and [d] this is possibly at the instance of those against whom the petitioner has an interim Order. 3. Sri S. Z A Khureshi submits that there is no cause to invoke the jurisdiction under Sections - 4 - HC-KAR NC: 2026:KHC:29892 WP No. 17807 of 2026 311 and 312 of the GBG Act because the petitioner has not commenced any construction and the construction as it exists is only a temporary shed. Sri Pawan Kumar, a learned standing counsel for the respondent who is called upon to accept notice for the respondent, is heard in the light of these circumstances. 4. This Court, upon perusal of the records [including the photographs produced as per Annexure – E], must find that this submission merits acceptance justifying interference by this Court to quash the impugned Endorsement, but this Court must hasten to add that if indeed the petitioner undertakes any construction, it should be open to the Authorities to act in accordance with law. This liberty shall also be if the Authorities have any interest in the subject property for vindication thereof. Hence the following. - 5 - HC-KAR NC: 2026:KHC:29892 WP No. 17807 of 2026 ORDER The petition is allowed quashing the impugned Notice dated 09.06.2026 [Annexure-A] in light of the observations as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE AN/-