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2026 DAILYLAW 28676 (KAR)

SHRI MURALI N RAJU v. THE JOINT COMMISSIONER,

WP/21564/2026 · 2026-07-17

B M Shyam Prasad

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010471032026 NC: 2026:KHC:36627 WP No. 21564 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21564 OF 2026 (LB-BMP) BETWEEN: SHRI MURALI N RAJU S/O K.NARASARAJU, AGED ABOUT 48 YEARS, R/A NO 311, ANNAYAPPA LATYOUT, GEDDAHALLI, SANJAY NAGAR BANGALORE -94. …PETITIONER (BY SRI. SHYAMA R.,ADVOCATE) AND: 1. THE JOINT COMMISSIONER, YALAHANKA ZONE 2, BANGALORE NORTH GREATER BENGALURU AUTHORITY (NORTH GBA) HESSARGHATTA MAIN ROAD, DASARAHALLI BENGALURU-560072. 2. THE ASSISTANT DIRECTOR ZONE -2 TOWN PLANNING, HEBBAL SUB-DIVISION BANGALORE NORTH NAGARA PALIKE BBMP BUILDING J.C NAGARA MAIN ROAD Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010471032026 NC: 2026:KHC:36627 WP No. 21564 of 2026 MUNIREDDY PALYA BANGALORE-560006. 3. THE ASSISTANT EXECUTIVE ENGINEER GBA, RADHAKRISHNA WARD NO 18, GBA-BBMP NORTH DIVISION NO 2, HEBBAL SUB-DIVISION J.C NAGARA, MUNIREDDY PALYA BANGALORE-560006. 4. THE ASST. DIRECTOR OF TOWN PLANNING, GBA-NORTH, BYATARAYANAPURA, AMRUTHAHALLI ROAD, BENGALURU-560092. . …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE FOR RESPONDENTS ) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASHING THE IMPUGNED ORDER DATED 20/06/2026 VIDE AND 30/06/2026 VIDE ORDER NO. JAM.AA/BENG.U.NA.PA.VA-2/P.O/13/2025-26 AND BEN.U.NA.PA/JAM.AA/VA-2/P.R/13/2025-26 AS PER ANNEXURE A AND B; II) DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION FOR MODIFICATION OF PLAN HAVING PERMISSION NO PRJ/ 9975/24-25(GBA/YLK/DDTP/0064/25-26 APPLICATION DATED 13/01/2026 AS PER ANNEXURE C. - 3 - HC-KAR CNR: KAHC010471032026 NC: 2026:KHC:36627 WP No. 21564 of 2026 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's grievance is with the Provisional Order dated 20.06.2026 [Annexure-A] under Section 243[3][c] of the Greater Bengaluru Governance Act, 2024 [for short, ‘the GBG Act’]. The petitioner contends that submissions have been made for modification of the Sanctioned Plan and that until such submissions are considered, the proceedings cannot be completed resulting in the orders for removal of the construction. Sri Shyama R, the learned counsel for the petitioner and Sri Pawan Kumar, a learned standing counsel for the first to fourth respondents, are heard for disposal of the petition examining whether this Court must intervene with the proceedings under Section 243(3)(c) of the GBG Act at this stage. - 4 - HC-KAR CNR: KAHC010471032026 NC: 2026:KHC:36627 WP No. 21564 of 2026 It cannot be gainsaid that the Order under Section 243[3][c] of the GBG Act will have to be communicated under Section 243[3][d] of the GBG Act, and that in terms of the proviso thereto, the petitioner [a Noticee] must be issued with an opportunity of personal hearing before there could be confirmation of the Provisional Order under Section 243[3][e] of the GBG Act. This Court is of the view that if the petitioner has made submissions for modification of the Sanction Plan, the details thereof must be placed in response to the Provisional Order and the import thereof must be considered before there is confirmation after a personal hearing. As such, the following: ORDER The petition stands disposed of with liberty to the petitioner to file a certified copy of this order and the details of the submissions made for modification of the - 5 - HC-KAR CNR: KAHC010471032026 NC: 2026:KHC:36627 WP No. 21564 of 2026 Sanction Plan calling upon the Joint Commissioner [the first respondent] to consider the same and pass just orders under law. Sd/- (B M SHYAM PRASAD) JUDGE AN/-