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2026 DAILYLAW 38709 (KAR)

SMT G RADHA v. GREATER BENGALURU AUTHORITY

WP/24742/2026 · 2026-09-07

B M Shyam Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010544632026 NC: 2026:KHC:48255 WP No. 24742 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24742 OF 2026 (LB-BMP) BETWEEN: SMT G RADHA W/O. SRI. K. RAMAKRISHNA, AGED ABOUT 44 YEARS, RESIDING AT NO. 107, WHITE FIELD ROAD, PATTANDUR AGRAHARA,, WHITE FIELD POST, BENGALURU-560 056. …PETITIONER (BY SRI. BALARAJ V R., ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY REPRESENTED BY ITS COMMISSIONER, BENGALURU 560001. 2. THE EXECUTIVE ENGINEER, MAHADEVAPURA DIVISION, RHB COLONY, OPP. PHONIEX MALL, MAHADEVAPURA, BENGALURU 560 048. …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544632026 NC: 2026:KHC:48255 WP No. 24742 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED DEMOLITION ORDER DATED 30.08.2024 BEARING NO. BBMP/ MZ/ EE(MD)/ 356/ PR/ 224/2024-25 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-A. 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 respondents have commenced the proceedings under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 [for short, the Act’] in the premise that the petitioner has constructed without a Sanctioned Plan. The Confirmation Order under Section 248 of the Act is dated 29.07.2024. The petitioner, in a misadventure, has filed a suit in O.S. No.25866/2024, and with the respondents filing an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 for - 3 - HC-KAR CNR: KAHC010544632026 NC: 2026:KHC:48255 WP No. 24742 of 2026 rejection of the plaint, the civil Court, by its Order dated 02.07.2026, has allowed the application rejecting the plaint observing that the petitioner would be at liberty to avail the appellate remedy under the Statute. The petitioner’s grievance is with the Demolition Order dated 30.08.2024 [Annexure-A] which is consequent to the Confirmation Order referred to above and the rejection of the plaint in the suit. Sri Balaraj V R, the learned counsel for the petitioner, argues to support the petitioner’s request for this Court’s interference. However, it would suffice to observe that the petitioner, with the civil Court having rightly reserved liberty to avail the appellate remedy, should have availed such remedy as all aspects could be considered by the appellate Authority. - 4 - HC-KAR CNR: KAHC010544632026 NC: 2026:KHC:48255 WP No. 24742 of 2026 Therefore, the petition stands disposed of without prejudice to the liberty that is reserved by the civil Court. Sd/- (B M SHYAM PRASAD) JUDGE AN/-