Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18216 WP No. 10536 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.10536 OF 2026 (LB-BMP)
BETWEEN:
1.
SURESH KUMAR, AGED ABOUT 71 YEARS, S/O N. DASHARADHYA,
2.
ANUPAMA SURESH KUMAR, AGED ABOUT 61 YEARS, W/O SURESH KUMAR,
BOTH ARE RESIDENTS OF NO.427, P.I.D.NO.14-74-427, 12TH CROSS ROAD, 2ND STAGE, WEST OF CHORD ROAD, NAGAPURA, BENGALURU-560 086.
&PETITIONERS
(BY SRI. H. KANTHARAJU, SENIOR COUNSEL FOR SRI RAVI H.K., ADVOCATE)
AND:
1.
GREATER BENGALURU AUTHORITY REPRESENTED BY ITS CHIEF COMMISSIONER NO.1, N.R. SQUARE, RANI KITTOOR CHENNAMMA CIRCLE,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18216 WP No. 10536 of 2026
HUDSON CIRCLE, BENGALURU-560 002.
2.
BENGALURU WEST CITY CORPORATION REP. BY ITS JOINT COMMISSIONER, RAJARAJESHWARI NAGAR OFFICE, IDEAL HOMES, 18TH CROSS ROAD, RAJARAJESHWARI NAGAR, BENGALURU-560 098.
&RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER BEARING NO.JAN.AA/RARANAVA/P.R/68/2025-26 DATED 04.03.2026 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A BY ISSUING A WRIT OF CERTIORARI, 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
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HC-KAR NC: 2026:KHC:18216 WP No. 10536 of 2026
ORAL ORDER
1. The case of the petitioners is that the petitioners have 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 petitioners to remove certain construction put up by them. Hence, the present petition is filed with the following prayers:
"a) Quash the
order bearing no.:Jan.Aa/RaRaNaVa/P.R/68/2025-26 dated 04.03.2026 passed by the respondent no.2 vide Annexure-A by issuing a Writ of Certiorari. b) Grant such other and further reliefs in the interest of justice and equity."
2.
Learned counsel for the respondents, upon instructions, submits that the petitioners are having an alternative and efficacious remedy under Section 250 of the Greater Bengaluru Governance Act, 2024. However, the petitioners pray that some protection may be granted to them until they file an
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HC-KAR NC: 2026:KHC:18216 WP No. 10536 of 2026
appeal, as they fear that the respondents may initiate precipitative action.
3. Hence, the following:
ORDER (i) The writ petition stands disposed of reserving the liberty to the petitioners to approach the Appellate Authority under Section 250 of the Greater Bengaluru Governance Act, 2024; (ii) Respondents shall not take any precipitative action against the petitioners 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.: 1