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2026 DAILYLAW 41199 (KAR)

MRS. SADIQA PEERBHOY v. GREATER BENGALURU AUTHORITY

WP/17797/2026 · 2026-09-17

B M Shyam Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010389902026 NC: 2026:KHC:50623 WP No. 17797 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17797 OF 2026 (LB-BMP) BETWEEN: 1. MRS. SADIQA PEERBHOY W/O MR BUNTY PEERBHOY AGED 76 YEARS, RESIDING AT NO.16/21 BINNY CRESCENT BENSON TOWN BENGALURU-560046 REPRESENTED BY HER SPA HOLDER MR AKSHAAR AYAZ PEERBHOY. 2. MR AKSHHAR AYAZ PEERBHOY S/O MR BUNTY PEERBHOY AGED 44 YEARS, RESIDING AT NO.16/21 BINNY CRESCENT BENSON TOWN BENGALURU-560046. …PETITIONERS (BY MS SHWETA PRASAD SHAH, ADVOCATE FOR SRI. ROHAN KOTHARI, ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY N R SQUARE BENGALURU-560002 THROUGH ITS COMMISSIONER Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010389902026 NC: 2026:KHC:50623 WP No. 17797 of 2026 2. THE JOINT COMMISSIONER MAHADEVAPURA ZONE BENGALURU EAST CITY CORPORATION WHITEFIELD MAIN ROAD RHB COLONY OPP PHONEIX MARKET CITY BENGALURU-560048. 3. THE CHIEF ENGINEER MAHADEVAPURA ZONE BENGALURU EAST CITY CORPORATION WHITEFIELD MAIN ROAD RHB COLONY OPP PHONEIX MARKET CITY BENGALURU-560048. 4. THE ASSISTANT DIRECTOR (TOWN PLANNING) MAHADEVAPURA ZONE BENGALURU EAST CITY CORPORATION WHITEFIELD MAIN ROAD RHB COLONY OPP PHONEIX MARKET CITY BENGALURU-560048. 5. THE WARD ENGINEER WARD NO.084 HAGADUR, BENGALURU EAST CITY CORPORATION WHITEFIELD MAIN ROAD, RHB COLONY OPP PHOENIX MARKET CITY BENGALURU-560048. - 3 - HC-KAR CNR: KAHC010389902026 NC: 2026:KHC:50623 WP No. 17797 of 2026 6. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED CORPORATE OFFICE, K R CIRCLE BENGALURU-560001 THROUGH ITS MANAGING DIRECTOR. 7. BENGALURU WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD BENGALURU-560009 THROUGH ITS CHAIRMAN. 8. KARNATAKA FIRE AND EMERGENCY SERVICES NO.1 RAMASWAMY MUDALIR ROAD HERMIT COLONY SIVANCHETTI GARDENS BENGALURU-560042. 9. MR BYSANI RAMAKRISHNA REDDY S/O MR BYSANI SUBBA REDDY AGED 49 YEARS RESIDING AT FLAT NO.601 MUGDHA NILAYAM NO.7, 4TH CROSS, NEAR POST OFFICE OUTER CIRCLE WHITEFIELD BENGALURU-560066. 10. MRS BYSANI AMARAVATHI W/O MR BYSANI RAMAKRISHNA REDDY AGED 42 YEARS RESIDING AT FLAT NO.601, MUGDHA NILAYAM NO.7, 4TH CROSS, NEAR POST OFFICE OUTER CIRCLE WHITEFIELD BENGALURU-560066. - 4 - HC-KAR CNR: KAHC010389902026 NC: 2026:KHC:50623 WP No. 17797 of 2026 11. MR THATIKONDA RAJINI KUMAR S/O MR VENKATESHWARLU AGED 52 YEARS RESIDING AT NO.302 SRI SATHYA APARTMENTS 5TH E CROSS MANJUNATHA LAYOUT WIND TUNNEL ROAD MURUGESHPALYA BENGALURU-560017. 12. MRS THATIKONDA PADMAJA W/O MR THATIKONDA RAJINI KUMAR AGED 46 YEARS RESIDING AT NO.302 SRI SATHYA APARTMENTS 5TH E CROSS MANJUNATHA LAYOUT WIND TUNNEL ROAD MURUGESHPALYA BENGALURU-560017. …RESPONDENTS (BY SRI. MONESH KUMAR K B.,ADVOCATE FOR R1 TO R5; SRI. BOPANNA BELLIAPPA., AGA FOR R8; SMT. PADMA S UTTUR., ADVOCATE FOR R6; R9 TO R12 SERVED THROUGH HAND SUMMONS; (NOTICE NOT ORDERED IN R/O R7)) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING RESPONDENT NO. 1 TO TAKE STEPS TO HALT AND SECURE THE UNLAWFUL PORTIONS OF THE CONSTRUCTION ON THE SCHEDULE PROPERTIES, - 5 - HC-KAR CNR: KAHC010389902026 NC: 2026:KHC:50623 WP No. 17797 of 2026 WHICH ARE BEING CARRIED OUT IN VIOLATION OF THE SANCTIONED PLAN (ANNEXURE-H), APPLICABLE BUILDING BYE-LAWS, AND MANDATORY SETBACK REQUIREMENTS, AND TO TAKE ALL NECESSARY ACTION UNDER THE GBA ACT, 2024, INCLUDING UNDER SECTION 243 THEREOF; B) DIRECT RESPONDENT NOS. 9 TO 12 OR ANY PERSON CLAIMING THROUGH OR UNDER THEM NOT TO PROCEED WITH ANY FURTHER CONSTRUCTION ON THE SCHEDULE PROPERTIES UNLESS ALL STATUTORY VIOLATIONS, INCLUDING THE ABSENCE OF MANDATORY SETBACKS AND THE STRUCTURAL DAMAGE TO THE PETITIONERS ROMAN COMPOUND WALL, ARE FULLY RECTIFIED, AND UNLESS ALL STATUTORY CLEARANCES ARE OBTAINED AND DEVIATIONS FROM THE SANCTIONED PLAN ARE REMEDIED; C) DIRECT RESPONDENT NO. 1 NOT TO ISSUE AN OCCUPANCY CERTIFICATE NOR TO ALLOW ANY OCCUPATION BY ANY PERSON OF ANY PORTION OF THE BUILDING ON THE SCHEDULE PROPERTIES UNLESS THE CONSTRUCTION IS FULLY BROUGHT INTO COMPLIANCE WITH THE SANCTIONED PLAN AND IN CONFORMITY WITH APPLICABLE LAW; D) DIRECTING RESPONDENT NO. 6 (BESCOM) AND RESPONDENT NO. 7 (BWSSB) NOT TO PROVIDE ELECTRICITY, WATER, AND SANITARY CONNECTIONS INCLUDING TEMPORARY CONNECTIONS TO THE BUILDINGS/STRUCTURES ON THE SCHEDULE PROPERTIES UNLESS THE CONSTRUCTION IS - 6 - HC-KAR CNR: KAHC010389902026 NC: 2026:KHC:50623 WP No. 17797 of 2026 BROUGHT INTO COMPLIANCE WITH THE SANCTIONED PLAN AND APPLICABLE LAW. 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 Ms Shweta Prasad Shah, the learned counsel for the petitioners, has filed a memo for withdrawal of the petition which reads as under: “On account of the Respondent Nos.9-12 having undertaken before the petitioners to act in accordance with law with respect to the construction on their respective Schedule properties, the counsel for the petitioners seeks leave of this Hon’ble Court to withdraw the present petition in the interest of justice.” The memo is accepted, and the writ petition stands dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE AN/-