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2026 DAILYLAW 4556 (KAR)

M MAHABOOB ALI v. THE JOINT COMMISSIONER

WP/24053/2024 · 2026-04-07

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18911 WP No. 24053 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.24053 OF 2024 (LB-BMP) BETWEEN: 1. M. MAHABOOB ALI S/O LATE MOHAMMAD ALI, AGED ABOUT 66 YEARS, R/AT NO.23B TYPE, ROBERTSON ROAD, BENGALURU CITY - 560 005. &PETITIONER (BY SRI. SYED KHALEEL PASHA, ADVOCATE) AND: 1. THE JOINT COMMISSIONER BBMP BANGALORE. 2. THE DEPUTY COMMISSIONER REVENUE BBMP BENGALURU. 3. THE ASSISTANT DIRECTOR TOWN PLANNING URBAN BBMP, BANGALORE. 4. REHAN RIAZ S/O RIYAZ AHMED, AGED ABOUT 40 YEARS, R/AT NO.34, 1ST CROSS, 7TH A MAIN, 1ST STAGE, BTM LAYOUT, BENGALURU. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18911 WP No. 24053 of 2024 5. MAMTAZ BEGUM @ MUBEENA BANU W/O M. SIKANDER ALI LATE AGED ABOUT 68 YEARS, 6. ZAFFAR AHAMED S/O M. SIKANDER ALI LATE AGED ABOUT 42 YEARS, 7. MOHAMMED KHIZER AHMED S/O M. SIKANDER ALI LATE AGED ABOUT 44 YEARS, 8. ZAKIA ALIYA MOHAMMED D/O LATE M SIKANDER ALI AGED ABOUT 32 YEARS, SL. NOS. 5 TO 8 ARE R/AT NO.663, OPP. TO NEAR CHARITY CLINIC, DINNUR MAIN ROAD, 9TH CROSS, R.T. NAGAR POST, BENGALURU - 560 032. &RESPONDENTS (BY SRI. DESHPANDE AMIT ANAND, ADVOCATE FOR R.1 TO R.3; SRI. VIVEK S. REDDY, SENIOR ADVOCATE FOR SRI CHAND PASHA, ADVOCATE FOR R.4, R.7 AND R.8; SRI. FAYAJ SAB, ADVOCATE FOR R.5 AND R.6.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 17.08.2024 AS PER ANNEXURES-A TO C AND FURTHER DIRECT THE RESPONDENT NOS.4 TO 8 TO STOP THE ILLEGALLY CONSTRUCTIONS ACTIVITIES AT BEARING NO.23, B-TYPE, ROBERTSON ROAD, FRAZER TOWN, BANGALORE-560 005 WARD NO.78, NOW KNOWN AS PID NO.078W0092 5-1, E KHATA 1638812, ETC. - 3 - HC-KAR NC: 2026:KHC:18911 WP No. 24053 of 2024 THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Respondent Nos.4 to 8 are said to be putting up construction on the property which is the subject matter of the petition. Aggrieved by the same, the petitioner has given representation to respondent Nos.1 to and 3 alleging that the construction being put up is in violation of law. It is also the case of the petitioner that he has right, title and interest over the property concerned, which is denied by respondent Nos.4 to 8. It is the case of respondent Nos.4 to 8 that the petitioner has no right, title or interest over the property, is not a neighbour and is no way affected by the construction being put up. 2. If there is a dispute as to title of the property, then the appropriate forum for the petitioner would be to approach the Civil Court of competent jurisdiction and the same cannot be redressed in the present proceedings. However, with regard to - 4 - HC-KAR NC: 2026:KHC:18911 WP No. 24053 of 2024 the construction being put up by respondent Nos.4 to 8, a duty is cast upon the Greater Bengaluru Authority (respondent Nos.1 to 3), to conduct a necessary inspection and if the same is found to be in violation of the law, to initiate appropriate proceedings in accordance with law. 3. Hence, the writ petition is hereby disposed of with a direction to respondent Nos.1 to 3 to permit construction on the property, which is the subject matter of the writ petition only in accordance with law and if there is any violation, to initiate appropriate action as per law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 17