Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32136 WP No. 18639 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18639 OF 2026 (LB-BMP)
BETWEEN:
1.
MOHAN SINGH P, S/O LATE PEHAP SINGH, AGED ABOUT 61 YEARS,
2.
SANTOSH KANWAR, W/O MOHAN SINGH, AGED ABOUT 54 YEARS,
BOTH ARE RESIDING AT NO.28, VN08, 4TH FLOOR, VENKAT NIVAS, SUBRAMANYA LANE, AKKIPET CROSS, BANGALORE - 560053
…PETITIONERS (BY SRI. ROHAN S., ADVOCATE) AND:
1.
THE CHIEF COMMISSIONER, GREATER BENGALURU AUTHORITY, HAVING OFFICE AT NR SQUARE, BENGALURU - 560001.
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32136 WP No. 18639 of 2026
2.
THE JOINT COMMISSIONER, MALLESHWARAM DIVISION, BENGALURU WEST CITY CORPORATION, GREATER BENGALURU AUTHORITY
3.
THE ASSISTANT EXECUTIVE ENGINEER, SRI-RAM MANDIR SUB-DIVISION, BENGALURU WEST CITY CORPORATION GREATER BENGALURU AUTHORITY,
R2 & 3 HAVING OFFICE AT NO.161, 2ND FLOOR, 26TH CROSS, 19TH MAIN, 2ND BLOCK, RAJAJINAGAR, BENGALURU 560010
…RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR MR. H DEVENDRAPPA., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.03.2026 BEARING NO. JAM.
A/MA.VA/BEM.PA.NA.PA/PR/113/2025-26 PASSED BY THE R2 UNDER SECTION 243(C) OF GBG ACT, 2024 VIDE ANNX-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:32136 WP No. 18639 of 2026
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has called in question the Provisional Order dated 18.03.2026 under Section 243(3)(c) of the Greater Bengaluru Governance Act, 2024 [for short, 'GBG Act']. Mr. Rohan S, the learned counsel for the petitioners, relying upon the orders of this Court on 15.07.2025 in W.P.No.20788/2025, submits that the petitioner is issued with another notice but under the erstwhile Bruhat Bengaluru Mahangara Palike Act, 2020 which is impugned in W.P.No.20788/2025 and that this Court has
disposed of this petition directing the Authorities to extend an opportunity of hearing to the petitioner and then pass just orders.
The learned counsel submits that when such proceedings are pending, the impugned Provisional
Order could not have been issued. Mr. Pawan Kumar,
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HC-KAR NC: 2026:KHC:32136 WP No. 18639 of 2026
the learned Standing counsel who accepts notice for the respondents, is heard for the disposal of the petition. It is seen from the Provisional Order that the present proceedings are based on a report filed by the Assistant Executive Engineer on 18.03.2026 which is subsequent to this Court's
order in W.P.No.20788/2025. The Assistant Executive Engineer has extracted in the impugned order, the deviations in the setback, coverage of the plot and in building two additional floors.
If the petitioner can show cause against confirmation when these are the allegations, the petitioner could indeed show cause when extended with an opportunity as contemplated under the proviso to Section 243(d) of the GBG Act. This Court therefore disposes of this petition calling upon the Joint Commissioner, Malleshwaram Division, Bengaluru West City Corporation, GBA [the second respondent], to extend an opportunity of personal
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HC-KAR NC: 2026:KHC:32136 WP No. 18639 of 2026
hearing on 30.07.2026 or any other further date as may be convenient and then pass just orders as would be required in law. This Court stipulates that the petitioner shall not lay a brick in the interregnum and subject to this condition, the Authorities are called upon to desist from taking precipitous action.
Sd/- (B M SHYAM PRASAD) JUDGE
RB