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2026 DAILYLAW 4114 (KAR)

SMT. SHYLAJA M v. THE STATE OF KARNATAKA

WP/10560/2026 · 2026-04-02

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18215 WP No. 10560 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.10560 OF 2026 (LB-BMP) BETWEEN: 1. SMT. SHYLAJA M W/O SRI THIMMEGOWDA H AGED ABOUT 53 YEARS, MATHRUSREE, NO.121, 2ND PHASE, 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURA BANGALORE-560 086. &PETITIONER (BY SRI. VIGHNESHWAR S. SHASTRI, SENIOR COUNSEL FOR SMT./KUM. AISHWARYA HEGDE M.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001, REP. BY ITS PRINCIPAL SECRETARY VIKASA SOUDHA, BANGALORE - 560 001. 2. GREATER BENGALURU AUTHORITY, HUDSON CIRCLE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18215 WP No. 10560 of 2026 N.R.SQUARE, BENGALURU-560 002 REPRESENTED BY THE CHIEF COMMISSIONER. 3. BENGALURU WEST CITY CORPORATION, GREATER BENGALURU AUTHORITY RAJARAJESHWARI NAGAR OFFICE, IDEAL HOMES 18TH CROSS, RAJARAJESHWARINAGAR ZONE/WARD, BENGALURU-560 098 REPRESENTED BY THE JOINT COMMISSIONER. &RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R.1; SRI. PAWAN KUMAR, ADVOCATE FOR R.2 AND R.3.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 04.03.2026 BEARING NO.JA.AA/RARANAVA/P.R/71/2025-26 AND NO.JA.AA /RARANAVA/C.O/71/2025-26 PASSED BY RESPONDENT NO.3 AS PER ANNEXURE-F, 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 - 3 - HC-KAR NC: 2026:KHC:18215 WP No. 10560 of 2026 ORAL ORDER 1. The case of the petitioner is that the petitioner has not put up any construction in violation of the building bye-laws or sanctioned plan. However, without issuance of notice, the order under Sections 243(3)(e) and 244(1) of the Greater Bengaluru Governance Act, 2024 has been passed directing the petitioner to remove certain construction put up by her. Hence, the present petition is filed with the following prayers: "(i) Issue a Writ of Certiorari, order or direction, quashing the order dated 04.03.2026 bearing No.Ja.Aa/RaRaNaVa/P.R/71/2025-26 & No.Ja.Aa/RaRaNaVa/C.O/71/2025-26 passed by Respondent No.3 as per Annexure F. (ii) Issue any other appropriate writ or order or direction which deems fit and necessary, in the present facts and circumstances of this case, in the interest of justice and equity." 2. Learned counsel for respondent Nos.2 and 3, upon instructions, submits that the petitioner is having an alternative and efficacious remedy under Section 250 of the Greater Bengaluru Governance Act, 2024. However, the petitioner prays that some protection may be granted to her until she files - 4 - HC-KAR NC: 2026:KHC:18215 WP No. 10560 of 2026 an appeal. The petitioner fears precipitative action from respondent Nos.2 and 3. 3. Hence, the following: ORDER (i) The writ petition stands disposed of reserving the liberty to the petitioner to approach the Appellate Authority under Section 250 of the Greater Bengaluru Governance Act, 2024; (ii) Respondent Nos.2 and 3 shall not take any precipitative action against the petitioner for a period of six weeks from today or till an order is passed by the Appellate Authority, whichever is earlier. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 3 Sl No.: 2