- 1 - HC-KAR CNR: KAHC010626022026 NC: 2026:KHC:49621 WP No. 28568 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28568 OF 2026 (LB-BMP) BETWEEN: 1. SRI. RAGHUVEER RAJA URS S/O. LATE SANJEEVA RAJU, AGED ABOUT 60 YEARS, R/A PROPERTY NO.32, BHEEMAJYOTHINAGAR H.B.C.S, WARD NO.99, RAJAJINAGAR, BENGALURU - 560 010. 2. GURURAJ H.S. S/O. LATE SANJEEVA RAJU, AGED ABOUT 47 YEARS, R/A PROPERTY NO.32, BHEEMAJYOTHI NAGAR H.B.C.S, WARD NO. 99, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONERS (BY SRI. SARAVANA S, ADVOCATE) AND: 1. THE JOINT COMMISSIONER MALLESWARAM ZONE-2, GREATER BANGALORE AUTHORITY (FORMERLY BBMP), Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010626022026 NC: 2026:KHC:49621 WP No. 28568 of 2026 BENGALURU - 560 010. 2. THE COMMISSIONER, GREATER BANGALORE AUTHORITY (FORMERLY BBMP), WEST DIVISION, N.R. SQUARE, BENGALURU - 560 002. 3. JUNIOR EXECUTIVE ENGINEER, GREATER BANGALORE AUTHORITY WEST DIVISION, WARD NO.99, RAJAJINAGAR, BENGALURU - 560 070. 4. ASSISTANT EXECUTIVE ENGINEER, GREATER BANGALORE AUTHORITY WEST DIVISION, RAJAJINAGAR, BENGALURU - 560 070. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE IMPUGNED PROVISIONAL ORDER VIDE NO.JUM.AA(MAVA)/BEM.PA.NA.PAA/PR/86/2025-26, DATED 23.02.2026 ISSUED BY RESPONDENT NO.1 UNDER SECTION 243(3)(C) OF THE GBA ACT (ANNEXURE-G), AND CONFIRMATION ORDER VIDE NO.JUM.AA(MAVA/P.R-86/26- 27, DATED.22.07.2026 (ORDER NO.505(2)/2.8-86/26-27) ISSUED BY RESPONDENT NO.1 UNDER SECTION 243(3)(B) READ WITH SECTION 244(1) OF THE GBA ACT (ANNEXURE- J) AND ETC., - 3 - HC-KAR CNR: KAHC010626022026 NC: 2026:KHC:49621 WP No. 28568 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners’ grievance is with the orders under Sections 243(3)(c) and 243(3)(e) of the Greater Bengaluru Governance Act, 2024. Sri Saravana S., the learned counsel for the petitioners, and Sri. Pawan Kumar, a learned Standing Counsel who accepts notice for the respondents, are heard on whether this Court must intervene in exercising its jurisdiction under Article 226 of the Constitution of India or the petitioners must be relegated to the appellate authority. Sri Saravana S submits that this Court must invoke its jurisdiction under Article 226 of the Constitution of India because the petitioners can demonstrate with the recent notification that the petitioners will be entitled to demonstrate that they can apply for a modification with reduced set back requirements. This Court must observe - 4 - HC-KAR CNR: KAHC010626022026 NC: 2026:KHC:49621 WP No. 28568 of 2026 that this and every other aspect could be considered by the appellate authority, which is a fact-finding authority as well. Therefore, with all just liberties, the petition is disposed of relegating the petitioners to alternative remedy. Sd/- (B M SHYAM PRASAD) JUDGE JY List No.: 2 Sl No.: 4