- 1 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23663 OF 2026 (LB-BMP) BETWEEN: 1. SRI MUNIYAN G S/OLATE GOPAL, AGED ABOUT 56 YEARS, 2. SRI SANDEEP KUMAR M, S/O SRI MUNIYAN G, AGED ABOUT 33 YEARS, RESIDING AT NO.20/2, BALA YESU CHURCH MAIN ROAD, LR NAGAR MAIN ROAD, BENGALURU 560 047. …PETITIONERS (BY SRI. K S NARESH SANTHOSH., ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY REPRESENTED BY ITS COMMISSIONER, JC ROAD, BENGALURU 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER, GBA, DOMLUR SUB-DIVISION, BENGALURU. - 560 071 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 3. THE ADDITIONAL DIRECTOR OF TOWN PLANNING, CENTRAL HEAD OFFICE, N R SQUARE, BENGALURU. 560 002. …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 29.5.2026 IN PROJECT NO.GBA/BCCC/0207/26-27 ISSUED BY THE RESPONDENTS, A COPY OF WHICH IS PRODUCED AT ANNEXURE-T AND DIRECT THE RESPONDENTS TO GRANT THE PLAN EXPEDITIOUSLY AND TILL THEN NOT TO STALL THE CONSTRUCTION, TO MEET THE ENDS OF JUSTICE; (II) DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 9.7.2026, COPIES OF WHICH ARE PRODUCED AT ANNEXURES-U AND V RESPECTIVELY AND DISPOSE OF THE SAME EXPEDITIOUSLY AND TILL THEN NOT TO DISTURB THE CONSTRUCTION BY THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 ORAL ORDER The petitioners assert ownership of the property No.20/2, EPID No.69-44-20/02, Balaiah Naidu Street of Jodi Sonnenahalli Village, Bengaluru presently Ward No.115, Vannarpet [the subject property]. The petitioners’ grievance is with the Communication dated 29.05.2026 – a Shortfall Letter [Annexure-T]. The Greater Bengaluru Authority has issued this Communication informing the petitioners that their application for approval of a building plan is rejected because of a complaint pending with a Court. 2. Sri K S Naresh Santhosh, the learned counsel for the petitioners, submits [a] that the petitioners’ vendor, Ms. Raichal Prameela, was given the benefit of Sanction in LP No. 82/17-18 which was valid between 21.12.2017 and 20.12.2019, [b] that the vendor began the construction but could not complete the construction because of financial difficulties, [c] that the petitioners have purchased - 4 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 the subject property with incomplete construction on 16.07.2025, [d] that the petitioners were constrained to invoke this Court's jurisdiction in the writ petition in W.P. No.494/2026 for directions to renew the Plan sanctioned, [e] that the present communication is notwithstanding specific directions by this Court while disposing of this writ petition in W.P. No.494/2026. 3. Sri Pawan Kumar, a learned standing counsel for the respondents who is called upon to accept notice for the respondents, is heard in the light of the afore for the disposal of the petition with just conditions. This Court's directions in the writ petition in W.P. No.494/2026 in its material part reads as under: “(ii) The notice dated 24.12.2025 bearing No.Sa.Ka.Aa/Do.U/No/2025-26/321 issued by respondent No.2 at Annexure-P is quashed. - 5 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 (iii) A mandamus is issued directing the respondents to consider the application of the petitioners dated 21.12.2024 at Annexure-N within a period of 60 days in accordance with law. (iv) Until then, the petitioners shall not carry on any construction. In the event of plan sanction being granted, then the petitioners would be permitted to carry on the construction as per the plan sanction granted.” 4. When queried on who could now examine the petitioners' application for renewal/approval of the building plan, which has expired on 20.12.2019, Sri Pawan Kumar submits that because the proposed construction is not a high-rise building, it will be by the jurisdictional Assistant Director of Town Planning. This Court's query is because the writ petition in W.P. No.494/2026 is disposed of with directions as afore in view of the submissions that the application for renewal would be considered. The - 6 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 petitioner’s application is rejected despite this statement before this Court and the terms of disposal. There must be interference for an early decision. Hence, the following. ORDER [A] The petition stands disposed of. [B] The petitioners are reserved with liberty to file a certified copy of this Order along with all the details of the submissions made for renewal of a Building Plan to commence construction of the subject property including a copy of the Sanction Plan in LP No. 82/17-18. [C] The petitioners are reserved with liberty to file these documents, within a week from the date of receipt of a certified copy of this Order, with the jurisdictional - 7 - HC-KAR CNR: KAHC010523352026 NC: 2026:KHC:40337 WP No. 23663 of 2026 Assistant Director of Town Planning who shall ensure that the documents are examined and a demand is raised within the next four [4] weeks. SD/- (B M SHYAM PRASAD) JUDGE AN/-