Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 44821 (KAR)

SRI. V PRASAD v. THE COMMISSIONER

WP/20791/2026 · 2026-10-01

B M Shyam Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010463082026 NC: 2026:KHC:54831 WP No. 20791 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20791 OF 2026 (LB-BMP) BETWEEN: SRI. V PRASAD S/O LATE SHRI LALLAN SHARMA, AGED ABOUT 48 YEARS, RESIDING AT NO.7, PUNDARIKAKSH, 10TH B CROSS, KANAKA NAGAR, MR RICHIES PHASE-II, NRI LAYOUT, RAMAMURTHY NAGAR, BENGALURU - 560016. …PETITIONER (BY SRI.SANTHOSH S NAGARALE.,ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), N.R. SQUARE, BENGALURU 560002. 2. THE EXECUTIVE ENGINEER, RAMAMURTHY DIVISION, BBMP, NRI LAYOUT, RAMAMURTHY NAGAR, BENGALURU 560016. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010463082026 NC: 2026:KHC:54831 WP No. 20791 of 2026 3. THE ASSISTANT EXECUTIVE ENGINEER, RAMAMURTHY DIVISION, BBMP, NRI LAYOUT, RAMAMURTHY NAGAR, BENGALURU 560016. 4. SRI. NARAYAN, OWNER OF PROPERTY BEARING NO.17/2, 1ST CROSS ROAD, SMR LAYOUT, KANAKA NAGAR, KALKERE, BENGALURU 560113. …RESPONDENTS (BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 TO R3; R4 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS NO.1 TO 3 TO CONSIDER AND DISPOSE OF THE PETITIONER'S REPRESENTATION DATED 29.06.2026 WITHIN A TIME FRAME TO BE FIXED BY THIS HON'BLE COURT;B) DIRECTING RESPONDENTS NO.1 TO 3 TO CONDUCT AN IMMEDIATE INSPECTION OF THE PROPERTY OF RESPONDENT NO.4, VERIFY THE SANCTIONED BUILDING PLAN, EXAMINE THE ALLEGATIONS OF SETBACK VIOLATION, ENCROACHMENT AND UNAUTHORIZED CONSTRUCTION AND INITIATE APPROPRIATE PROCEEDINGS UNDER THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 AND THE APPLICABLE BUILDING BYE-LAWS, IN ACCORDANCE - 3 - HC-KAR CNR: KAHC010463082026 NC: 2026:KHC:54831 WP No. 20791 of 2026 WITH LAW; C) ISSUE A FURTHER DIRECTION TO RESPONDENTS NO.1 TO 3 TO TAKE APPROPRIATE ACTION AGAINST THE ILLEGAL CONSTRUCTION, INCLUDING DEMOLITION OR REMOVAL OF THE UNAUTHORIZED PORTIONS, IF FOUND TO BE IN VIOLATION OF LAW, AFTER FOLLOWING DUE PROCESS; D) DIRECT RESPONDENTS NO.1 TO 3 TO FURNISH A COPY OF THE INSPECTION REPORT AND PROCEEDINGS TO THE PETITIONER. 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 The learned counsel for the petitioner has filed a memo seeking withdrawal of the petition. The memo reads as under: The advocate for the petitioner humbly submits as under: 1. It is humbly submitted that Petitioner had filed the above petition for seeking direction from this Hon’ble High Court to the respondent to removed or demolish the illegal construction. - 4 - HC-KAR CNR: KAHC010463082026 NC: 2026:KHC:54831 WP No. 20791 of 2026 2. It is humbly submitted that the petitioner has instructed to his counsel withdraw the petition. 3. It is humbly submitted that the petitioner humbly prays that this Hon’ble Court may permit the petitioner to withdraw the petition. Wherefore, it is humbly prayed that this Hon’ble Court may be pleased to permit the petitioner to withdraw the petition with liberty to approach this Hon’ble Court in the interest of justice and equity.” The memo is accepted and the petition is dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr