- 1 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.15170 OF 2025 (LB-BMP) BETWEEN: 1. SRI M CHANDRA SHEKAR REDDY S/O MUNIVENKATAPPA REDDY, AGED ABOUT 50 YEARS, R/AT NO.24, SATHYAMURTHY ROAD, RAMASWAMY PALYA, OPP. TO USHA HOSPITAL, BENGALURU-560 033. 2. SRI. L. SETHURAMA AGED ABOUT 63 YEARS, S/O M.V. LAKSHMAN RAO, R/AT NO.18/1, 2ND CROSS, SATHYAMURTHY ROAD, RAMASWAMY PALYA, OPP. TO USHA HOSPITAL, BENGALURU-560 033. 3. MRS. ARIFA NILOFAR, W/O MR. Z. ASIF MOHIDEEN, AGED ABOUT 45 YEARS, PRESENTLY R/AT BUILDING NO.24, FLAT NO.601, ME-10, MUSAFFAH ABU-DHABI. REP. BY HER FATHER GPA HOLDER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 MR. L. ABDUL GANI BASHA, S/O LATE ABDUL LATHEEF, AGED ABOUT 77 YEARS, NO.18/1, 2ND CROSS, SATHYAMURTHY ROAD, RAMASWAMY PALYA, OPP. TO USHA HOSPITAL, BENGALURU-560 033. 4. SMT. S.K. PUSHPA, D/O M. SHIVARAMAN, AGED ABOUT 58 YEARS, R/AT NO.367/C, 2ND CROSS, SATHYAMURTHY ROAD, RAMASWAMY PALYA, OPP. TO USHA HOSPITAL, BENGALURU-560 033. &PETITIONERS (BY SRI. RAMESHA H.E., ADVOCATE) AND: 1. THE COMMISSIONER BBMP, N.R.SQUARE, BENGALURU-560 002. 2. THE JOINT COMMISSIONER, MAYOHALL, NORTH ZONE, BENGALURU-560 001. 3. THE ASST. DIRECTOR, TOWN PLANNING EAST ZONE, 22ND FLOOR, SUBHAS CHANDRABOSE BUILDING, - 3 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 M.G. ROAD, BENGALURU-560 001. 4. THE ASSISTANT EXECUTIVE ENGINEER, MARUTHI SEVANAGAR SUB-DIVISION, WARD NO.28, KAMMANAHALLI MAIN ROAD, BBMP OFFICE, BENGALURU-560 084. 5. THE DISTRICT HEALTH & FAMILY WELFARE OFFICER, OLD MADRAS ROAD, BENGALURU URBAN DISTRICT, BENGALURU-560 049. 6. HEALTH OFFICER (EAST), 9TH FLOOR, RESIDENCY ROAD, MAYOHALL, BENGALURU-560 001. 7. MEDICAL HEALTH OFFICER, SARVAJNA NAGARA ZONE, COX TOWN, BENGALURU-560 058. 8. SRI. UDAYKUMAR KADOOR @ UDAY KUMAR SHETTY, AGED ABOUT 57 YEARS, 9. SMT. CHITRA UDAY SHETTY, AGED ABOUT 55 YEARS, W/O UDAYKUMAR KADOOR @ UDAY KUMAR SHETTY - 4 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 RESPONDENT NOS.8 & 9 ARE AT USHA HOSPITAL, NO.PID NO.87-56-64, SATHYAMURTHY ROAD, LINGARAJAPURA, KASABA HOBLI, WARD NO.28, BENGALURU-560 048. &RESPONDENTS (BY SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R.1 TO R.4 (VC); SMT. SPOORTHI V., HCGP FOR R.5 TO R.7; SMT. RAJESHWARI M., ADVOCATE FOR R.8 & R.9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS-1 TO 3 TO IMPLEMENT THE FINAL CONFIRMATORY ORDER DATED 06.10.2023 PASSED IN SA.NI.NA.YO(EAST)/CO/48/23-24 VIDE ANNEXURE-C IN EXERCISE OF THE STATUTORY POWERS CONFERRED UNDER SECTION 248 OF THE BBMP ACT, 2020, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 ORAL ORDER 1. On the ground that respondent nos.8 and 9 are putting up illegal construction in violation of building bye-laws and sanctioned plan on the property, which is the subject matter of the writ petition, the petitioners herein preferred a complaint to Bruhat Bengaluru Mahanagara Palike ('BBMP' for short) and certain orders have been passed against respondent nos.8 and 9. However, on the ground that the said orders have not been implemented against respondent nos.8 and 9, the present petition is filed with the following prayers. =(a) ISSUE an Order, Direction or Writ in the nature of MANDUMUS directing the Respondents-1 to 3 to implement the Final Confirmatory Order dated 06-10-2023 passed in Sa.Ni.Na.Yo(East) /CO/48/23-24 vide Annexure-C in exercise of the statutory powers conferred under Section 248 of the BBMP Act 2020. (b) ISSUE such other relief/s as this Hon'ble Court may deem fit, in the facts and circumstances of the case, to meet the ends of justice." 2. Learned counsel for respondent Nos.1 to 4-BBMP, upon instructions, submits that respondent nos.8 and 9 have indeed - 6 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 put up construction on the property in violation of building bye-laws and the sanctioned plan. However, he submits that in the light of amendments to the laws, respondent nos.8 and 9 are entitled to save certain portions of the excessive construction put up by them. 3. No person has a right to construct a building in violation of the building bye-laws and the sanctioned plan. If any such construction is put up, there is a duty cast on the respondents/authorities to have the same removed in accordance with law. 4. However, keeping in view the submissions made by the learned counsel for the BBMP regarding the amended laws, I pass the following: ORDER Liberty is granted to respondent nos.8 and 9 to submit a detailed representation along with modified plan to respondent No.2-Joint Commissioner taking into consideration the amendments carried out to the laws. The same shall be made on or before 18.03.2026. Thereafter, respondent no.2 shall hear both the petitioners as well as respondent nos.8 and 9 and - 7 - HC-KAR NC: 2026:KHC:13066 WP No. 15170 of 2025 pass appropriate orders in accordance with law, within a period of three months thereafter. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 62