- 1 - HC-KAR CNR: KAHC010463552026 NC: 2026:KHC:47448-DB WA No. 1714 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1714 OF 2026 (LB-BMP) BETWEEN: SRI. RAGHAVENDRA D R, S/O RAMASWAMY, AGED ABOUT 33 YEARS, R/AT NO.112, 2ND BLOCK, 6TH STAGE, BSK, BDA LAYOUT, BANGALORE-560 093. …APPELLANT (BY SRI. V. VISWANATH SETTY, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560 002. 2. THE ASSISTANT DIRECTOR, TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI SUB-DIVISION, BANGALORE-560 068. 3. SRI. THIMMARAYAPPA S/O LATE DODDAVATTAPPA, AGED ABOUT 72 YEARS, R/AT NO.B206, MEGAS RAJARAJESHWARI BLISS APARTMENT, 4TH MAIN, BHEL LAYOUT, 2ND STAGE, RAJARAJESHWARINAGAR, BANGALORE-560 093. …RESPONDENTS (R1 & R2 (BBMP) ARE SERVED) Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010463552026 NC: 2026:KHC:47448-DB WA No. 1714 of 2026 THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE HONBLE SINGLE JUDGE IN WP NO. 21402/2022 AND BE PLEASED TO SET ASIDE THE ORDER PASSED BY THE HON’BLE SINGLE JUDGE IN W.P.NO.21402/2022, DT. 01.04.2026 BY ALLOWING THE ABOVE WRIT APPEAL. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the order dated 01.04.2026 passed by the Writ Court in Writ Petition No. 21402/2022, whereby, the Writ Court has directed the respondent-authorities to initiate appropriate action against the appellant in accordance with law for removing of unauthorised/illegal construction. 2. The third respondent had filed a complaint before the Greater Bangalore Authority (hereinafter referred to as GBA for short) alleging that the appellant had put up unauthorised construction in violation of - 3 - HC-KAR CNR: KAHC010463552026 NC: 2026:KHC:47448-DB WA No. 1714 of 2026 building bye-laws and sanction plan. When the authorities are not taking complaint, approached this Court by filing Writ Petition and Writ Petition has been decided as mentioned in the impugned judgment and order. 3. We dispose of this appeal with a direction to the GBA to inspect the house of the appellant after giving him notice and if any unauthorised construction has been put up by the appellant which is not compoundable under the relevant rules/policy then only the action should be taken against the appellant. First effort should be to compound/ regularise the unauthorised construction, if it is permitted, if it is not permitted, then only removal of the unauthorised construction should be taken. 4. We dispose of this appeal with the aforesaid directions. - 4 - HC-KAR CNR: KAHC010463552026 NC: 2026:KHC:47448-DB WA No. 1714 of 2026 5. If unauthorised construction is compoundable the appellant shall move appropriate application for compounding. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 8