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2026 DAILYLAW 29847 (KAR)

MR IQBAL v. KTHE CHIEF COMMISSIONER

WP/18308/2026 · 2026-06-22

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30718 WP No. 18308 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. 18308 OF 2026 (LB-BMP) BETWEEN: MR IQBAL S/O ABDUL HAMEED OCC BUSINESS R/AT FLAT NO. G-4 PARK VIEW APARTMENT NO.B KEMP ROAD II PHASE FRAZER TOWN BENGALURU 560005. …PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE NR SUARE BENGALURU -1. 2. THE ASSISTANT EXECUTIVE ENGINEER VASANATHANAGARA SUB-DIVISION 3RD CROSS BALAPPA GARDEN Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30718 WP No. 18308 of 2026 NK PALYA BBMP, BENGALURU. 3. THE EXCUTIVE ENGINEER VASANTHA NAGARA DIVISION QUEENS ROAD BBMP BANGALORE 560051. 4. MR BILAL S/O ABDUL HAMEED AGED ABOUT 57 YEARS OCC BUSINESS RESIDING AT FLAT NO. G-4 PARK VIEW APARTMENT NO. B KEMP ROAD II PHASE FRAZER TOWN BANGALORE 560005. 5. MRS NOORUNNISA BEGUM W/O LATE ABDUL KHUDDUS AGED ABOUT 75 YEARS 6. MR ABDULM KHADDER S/O LATE ABDUL KHUDDUS AGED ABOUT 43 YEARS BOTH ARE RESIDENTS OF FF 102 FIRST FLOOR WESTBURY RESIDENCY NO.235 1ST STAGE 3RD BLOCK HBR LAYOUT BANGALORE. …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INIDA PRAYING TO A) QUASH THE DEMOLITION ORDER DATED 22.07.2022 BEARING NO. EE/SJN/356/0/14/2022-23 ISSUED BY THE - 3 - HC-KAR NC: 2026:KHC:30718 WP No. 18308 of 2026 EXECUTIVE ENGINEER, SHIVAJINAGAR DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE (ANNEXURE-D), AS BEING ILLEGAL; B) DIRECT THE RESPONDENTS TO INITIATE FRESH PROCEEDINGS IN STRICT ACCORDANCE WITH THE MANDATE OF THE KARNATAKA APPELLATE TRIBUNAL'S REMAND ORDER DATED 10.03.2026 IN REV. APPEAL NO. 1111/2019, VIDE ANNX-C AND IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED UNDER THE BBMP ACT 2020 / KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, INCLUDING ISSUANCE OF FRESH NOTICES, CONDUCTING INSPECTION IN THE PRESENCE OF THE PETITIONER, AND AFFORDING FULL OPPORTUNITY OF HEARING BEFORE PASSING ANY ORDER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is served with the Confirmation Order dated 07.09.2019 under the erstwhile Karnataka Municipal Corporations Act, 1976 [for short, ‘the Act’] and the petitioner has successfully called in question this order dated 07.09.2019 with the Karnataka Appellate Tribunal [for short, ‘the - 4 - HC-KAR NC: 2026:KHC:30718 WP No. 18308 of 2026 Tribunal’] under Section 443-A of the Act in Revision Appeal No.1111/2019. The Tribunal has set aside the order dated 07.09.2019 remanding the matter to the Bruhat Bengaluru Mahanagara Palike [now Greater Bengaluru Authority] to re-consider and pass just orders. The petitioner is now served with an order under Section 356 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 [for short, ‘the BBMP Act’], which is dated 22.07.2022 and produced as Annexure-D. When queried in the light of the afore circumstances and the fact that the petitioner has received this order under Section 356 of the BBMP Act under acknowledgment way back in the year 2022, Sri V. Srinivas, the learned counsel for the petitioner, submits that the petition may be disposed of by just orders. Sri. Pawan Kumar, a learned standing counsel for the first to third respondents - 5 - HC-KAR NC: 2026:KHC:30718 WP No. 18308 of 2026 who accepts notice for these respondents, is heard and the petition stands disposed of observing that the authorities shall act strictly as directed by the Tribunal. This Court also observes that unless there is a just decision in those remanded proceedings, there cannot be any precipitation under the order dated 22.07.2022. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 6