Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 47254 (KAR)

SRI. GURURAJA. M.K. v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/7652/2025 · 2026-02-04

Suraj Govindaraj

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6628 WP No. 7652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7652 OF 2025 (LB-BMP) BETWEEN: SRI. GURURAJA. M.K. S/O LATE M.S.KRISHNAMURTHY, AGED ABOUT 73 YEARS, R/AT NO.147, 16TH MAIN, BSK 1ST STAGE, BENGALURU-560050, …PETITIONER (BY SRI. JNANESH KUMAR K.,ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N.R.SQUARE, BENGALURU-560002, REP BY ITS COMMISSIONER. 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING, RAJARAJESHWARI NAGAR ZONE, BBMP, BENGALURU-560098. …RESPONDENTS (BY SRI. MONESH KUMAR K B., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE SHORTFALL LETTER AT ANNX-G DTD. 12.12.2024 (12/13/2024) PASSED IN L.P.NO.BBMP/SUT/TVP/ADTP/ 0340/24-25 BY THE RESPONDENTS AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6628 WP No. 7652 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: 1) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the Shortfall Letter at ANNEXURE-G dated 12/12/2024 (12/13/2024) passed in LP. No.BBMP/SUT/TVP/ADTP/0340/24-25 by the Respondents. 2) Issue a writ of Mandamus or any other appropriate writ, order or direction to the Respondent No.2 to approve the sanctioned plan for construction of residential building. 3) Grant such other and further relief as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. Petitioner claims to be the owner of Site No.9/1, Old No.147, 20th Main Road, II Block, BSK I stage, Bengaluru, measuring 598 square feet. The petitioner having applied for a plan sanction, the same came to be rejected by the respondents on the ground that the Property is below 600 square feet. It - 3 - HC-KAR NC: 2026:KHC:6628 WP No. 7652 of 2025 is in that background that the petitioner is before this court seeking for the aforesaid reliefs. 3. This court has dealt with the above issue in W.P. No.7204/2021 & connected matters [SRI.NAGARAJ AND OTHERS -V- THE COMMISSIONER, BBMP AND OTHRS] and held that even if a site is less than 600 square feet, it would be required for the respondent- Corporation authorities to grant such sanction as per the applicable Building Bylaws even in respect of a plot measuring less than 600 feet, which is also required to be complied with by the land owner. 4. In that view of the matter, I pass the following: ORDER i. The petition is allowed. ii. Certiorari is issued. Annexure- G dated 12.12.2024 passed in LP. No.BBMP/SUT/TVP/ ADTP/0340/24-25 is quashed. iii. A mandamus is issued directing respondents to consider the plan sanction submitted by the - 4 - HC-KAR NC: 2026:KHC:6628 WP No. 7652 of 2025 petitioner and grant approval in accordance with the applicable Building By-laws within 60 days from the date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 32