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2026 DAILYLAW 47395 (KAR)

T BALARAMEGOWDA v. ASSISTANT EXECUTIVE ENGINEER

WP/47249/2018 · 2026-02-02

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5781 WP No. 47249 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 47249 OF 2018 (LB-BMP) BETWEEN: T.BALARAMEGOWDA AGED MAJOR S/O C.THIMMEGOWDA NO.132, 2ND MAIN ROAD, 2ND CROSS, CHAMUNDESHWARI LAYOUT DODDABOMMASANDRA MAIN ROAD, VIDYARANYAPURA BENGALURU - 560 097 REPRESENTED BY HIS GPA HOLDER C.T.DEVARAJU S/O LATE C.THIMMEGOWDA AGED ABOUT 46 YEARS RESIDING AT NO 75, 5TH MAIN , 2ND CROSS, 9TH BLOCK, NAGARABHAVI II STAGE BENGALURU - 560 072 …PETITIONER (BY SRI. MANIAN K.B.S., ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALUR MAHANAGARA PALIKE KENGERI SUB DIVISION, L.I.O.102, 2ND MAIN RAOD, K H B 2ND BLOCK, NEAR HOYSALA CIRCLE BENGALURU - 560 060 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5781 WP No. 47249 of 2018 2. ASSISTANT REVENUE OFFICER BRUHAT BENGALUR MAHANAGARA PALIKE KENGERI SUB DIVISION, L I O 102, 2ND MAIN RAOD, K H B 2ND BLOCK, NEAR HOYSALA CIRCLE BENGALURU - 560 060 3. THE COMMISSIONER THE BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU - 560 001 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDROSEMENT DATED 04.10.2018 OF THE R-1 ADDRESSED TO THE PETITIONER VIDE ANNEXU-A, REVOKING THE SANCTION OF THE BUILDING PLAN DATED 06.07.2018 GRANTED BY THE R-1 IN RESPECT OF THE BUILDING PLAN SUBMITTED BY THE PETITIONER IN RESPECT OF THE PREMISES BEARING PATTANAGERE KHAT NO.1802/1560/ 680/565. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5781 WP No. 47249 of 2018 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: i) Grant a Writ of Certiorari quashing the impugned endorsement dated 04/10/2018 bearing No:SKAAA/KE Sub Div/P.R/435/2018-19 of the 1st Respondent addressed to the Petitioner (Annexure-A), revoking the sanction of the building plan vide LP No.AEE/KEN/SPLP/229/18-19 dated 06/07/2018 granted by the 1st respondent in respect of the building plan submitted by the Petitioner in respect of the premises bearing Pattanagere Khata No.1802/1560/680/565. ii) And pass such other orders as this Hon'ble Court deems fit and proper in the interest of justice and equity. 2. The petitioner is challenging the Endorsement dated 04.10.2018 issued by the first respondent revoking the sanction of the building plan in favour of the petitioner. 3. The dispute in the present matter has a checkered history inasmuch as there have been several litigations as regard to the subject lay-out and this Court in W.P No. - 4 - HC-KAR NC: 2026:KHC:5781 WP No. 47249 of 2018 13945/2021 has directed an inquiry into the conduct of the officers of the BBMP. 4. The revocation of the building plan was made on the basis of the allegation that the documents submitted by the petitioner were not proper inasmuch as there was no khata in the name of the petitioner. It is in that background that the Co-ordinate Bench of this Court had directed the respondents to produce the khata register to ascertain if there was a khatta in the name of the petitioner. Such a photocopy of the property register was produced on 22.01.2026 indicating the entry of name of the petitioner in the property register. 5. The submission of Sri Pawan Kumar, learned counsel however is that the said khata had been subsequently cancelled and it is on that basis that the Endorsement came to be issued. The khata had been cancelled in the year 2012. 6. Much water has flown during pendency of the matter inasmuch as the revocation of the khata had been challenged by the petitioner in W.P. No. 14665 of 2022, - 5 - HC-KAR NC: 2026:KHC:5781 WP No. 47249 of 2018 which came to be allowed on 13.02.2013, a writ appeal having been filed by the private respondent was dismissed on 16.03.2021 and thereafter the private respondent is stated to have approached the Hon'ble Apex Court, where there is no order of stay which has been passed. 7. In the circumstances above, it is categorically seen that the khata issued in the name of the petitioner had been cancelled by the BBMP which was set aside by a Co-ordinate Bench of this Court and confirmed by the Division Bench. In the appeal now pending before the Hon'ble Apex Court, there is no order of stay. The BBMP has not challenged the order passed by the Single Judge or the Division Bench of this Court. Hence the BBMP cannot now having accepted the order of Single Judge above, contend otherwise. 8. As such, I pass the following: O R D E R i) The Endorsement dated 04.10.2018 bearing No.SKAAA/KE Sub Div/P.R./435/2018-19 at Annexure-'A' is quashed. - 6 - HC-KAR NC: 2026:KHC:5781 WP No. 47249 of 2018 ii) Needless to say, but it is declared that the plan sanction in favour of the petitioner bearing LP No.AEE/KEN/SPLP/229/18/19 dated 06.07.2018 at Annexure-F continues to be valid and subsistent. SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 5