- 1 - HC-KAR NC: 2026:KHC:13022 WP No. 7179 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 7179 OF 2026 (LB-BMP) BETWEEN: 1. MR. B.C.KARTHIK S/O LATE B.R.CHANDRAMOULI AGED ABOUT 42 YEARS R/AT AYODHYA FLAT NO.001 PARKSIDE APARTMENT NO.7 AND 8, II CROSS MALLESHWARAM BENGALURU-560 003. …PETITIONER (BY SRI. RAKESH B.BHATT, ADVOCATE) AND: 1. CHIEF COMMISSIONER GRATER BENGALURU AUTHORITY HUDSON CIRCLE, BENGALURU-560 002. 2. ZONAL COMMISSIONER EAST ZONE, BBMP, 10TH FLOOR SUBHASH CHANDRA BOSE BUILDING M.G.ROAD, BENGALURU-560 001. 3. ASSISTANT EXECUTIVE ENGINEER (AEE) BBMP, HBR LAYOUT SUB DIVISION 5TH MAIN, 3RD BLOCK, HBE LAYOUT BBMP, BENGALURU-560 043. …RESPONDENTS (BY SRI. .,ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13022 WP No. 7179 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.01.2026 PASSED IN APPEAL NO.154/2025 PASSED BY THE CHIEF COMMISSIONER AND APPELLATE TRIBUNAL GRATER BENGALURU AUTHORITY (RESPONDENT NO.1) (ANNEXURE-A) AND 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 ORAL ORDER The petitioner is said to be owner of the property bearing No.233/259 situated at Nagavara Village, Kasaba Hobli, Bangalore North Taluk measuring about 2400 square feet. On the ground that he has put up construction in violation of building bye-laws and the sanction plan, the impugned orders at Annexures-A, E and J to the writ petitions are passed by the authorities concerned. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that the impugned orders are passed without giving him an opportunity of hearing. - 3 - HC-KAR NC: 2026:KHC:13022 WP No. 7179 of 2026 However, it is seen that Annexure-E is the provisional order passed by respondent no.3 and Annexure-A is an order passed by respondent no.1 on an appeal filed by the petitioner herein and Annexure-J is an order passed by respondent no.3 based upon the order at Annexure-A to the writ petition. Though there is a doubt whether the petitioner was issued the required notice before passing of the impugned order at Annexure-E to the writ petitioner, there is no doubt that the petitioner was heard and the impugned order at Annexure-A is passed by respondent no.1. It is further seen from Annexure-A, respondent no.1 has applied his mind and examined the records on the submissions made by the petitioner as well as the respondents therein and has passed the order. There is a clear finding in paragraph no.9 of the impugned order at Annexure-A, as to what extent the petitioner has deviated and put up construction. The petitioner is not in a position to dispute the same. However, the petitioner submits that the impugned order at Annexure-A to the writ petition is passed without taking into consideration the amended regulations pertaining to Zonal Regulation of the Revised Master Plan, 2015 applicable to Greater Bangalore and presently, due to the amendment which came into effect from - 4 - HC-KAR NC: 2026:KHC:13022 WP No. 7179 of 2026 05.01.2026, certain constructions put up by the petitioner which is ordered to be removed by respondent no.1 in his order at Annexure-A to the writ petition, can be saved. 3. Learned counsel appearing for the respondents though concedes with regard to it, but submits that all the construction put up in excess of sanction plan cannot be saved by the amended regulations. However, he fairly submits if the petitioner were to make a representation to the jurisdictional Joint Commissioner, the same would be considered in accordance with law and only thereafter appropriate orders would be passed. 4. Hence, the following: ORDER (i) Liberty is granted to the petitioner to make a representation to the jurisdictional Joint Commissioner, Greater Bangalore Authority (GBA) before 18.03.2026; (ii) If such a representation is made, the same will be considered by the jurisdictional Joint Commissioner, GBA and thereafter appropriate - 5 - HC-KAR NC: 2026:KHC:13022 WP No. 7179 of 2026 orders will be passed and only thereafter action will be initiated against the petitioner; (iii) The writ petition stands disposed of accordingly. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 14