- 1 - HC-KAR NC: 2026:KHC:6907 WP No. 9066 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. 9066 OF 2025 (LB-BMP) BETWEEN: SRI. K. JAYARAMU AGED ABOUT 62 YEARS, SON OF LATE SRI KENCHE GOWDA, RESIDING AT NO.55, 10TH CROSS, MUNESWARANAGAR, MALLATHAHALLI, ULLAL MAIN ROAD, YESHWANTHPURA HOBLI, BENGALURU - 560 056. …PETITIONER (BY SRI. APPAIAH P.B, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE, CORPORATION BUILDINGS, N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER. 2. THE EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARI NAGARA DIVISION, BENGALURU - 560 098. 3. THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARI NAGARA DIVISION, BENGALURU - 560 098. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6907 WP No. 9066 of 2025 4. SRI. THIMME GOWDA, MAJOR IN AGE, FATHER'S NAME NOT KNOWN TO PETITIONER, RESIDING AT NO.56, 10TH CROSS, MUNESWARANAGAR, MALLATHAHALLI, ULLAL MAIN ROAD, YESHWANTHPURA HOBLI, BENGALURU - 560 056. 5. ARVIND KUMAR B.T S/O THIMMEGOWDA AGED ABOUT 31 YEARS RESIDING AT NO. 56, 11TH CROSS MUNESHWARA NAGAR, ULLAL MAIN ROAD, BENGALURU SOUTH BENGALURU - 560 056. …RESPONDENTS (BY SRI. BATHE GOWDA K.V, ADVOCATE FOR R1 TO R3; SRI. HARSHA KUMAR GOWDA H.R, ADVOCATE FOR R4 TO R5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 3 TO INSPECT THE CONSTRUCTION BEING CARRIED OUT BY R-4 ON THE SCHEDULE B PROPERTY AND ASCERTAIN THE VIOLATIONS OF THE BUILDING BYE-LAWS OF THE BBMP AND ANY SANCTIONED PLAN THAT MAY HAVE BEEN GRANTED BY THE BBMP TO R-4 FOR SUCH CONSTRUCTION AND ETC., THIS 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. Petitioner is before this Court seeking for the following reliefs: (a) Issue an Order, Direction or Writ in the nature of Mandamus directing Respondent Nos. 1 to 3 to - 3 - HC-KAR NC: 2026:KHC:6907 WP No. 9066 of 2025 inspect the construction being carried out by Respondent No.4 on the Schedule 'B' property and ascertain the violations of the building bye-laws of the BBMP and any sanctioned plan that may have been granted by the BBMP to Respondent No.4 for such construction; (b) Issue an Order, Direction or Writ in the nature of Mandamus directing Respondent Nos.1 to 3 to demolish or cause the demolition of any part or portion of the construction being carried out by Respondent No.4 on the Schedule 'B' property which are in violation of the building bye-laws of the BBMP and any sanctioned plan that may have been granted by the BBMP to Respondent No.4 for such construction; (c) Direct Respondent No.4 to pay to the Petitioner the costs of these proceedings; and, (d) Grant such other and further reliefs and pass such other and further orders that this Hon'ble Court may deem fit in the facts of circumstances of the case, in the interests of justice and equity. 2. Respondent No.5 has filed an affidavit on 02.02.2026 which reads under: "I, Aravind Kumar, B.T., son of Sri Thimme Gowda, aged about 31 years, residing at No.56, 11th Cross, Muneshwara Nagara, Ullal Main Road, Bengaluru South, Bengaluru 560056, do hereby solemnly affirm and state on oath as follows: 1. I am Respondent No.5 in the above case. I am conversant with the facts of the case and able to depose to matters thereto. 2. I submit that I am the owner of the writ petition Schedule 'B' property and am constructing the building thereon which is the subject matter of the above writ petition. 3. I submit that during the demolition of the old building on the Schedule 'B' property it caused certain damage to the building on the writ petition - 4 - HC-KAR NC: 2026:KHC:6907 WP No. 9066 of 2025 Schedule 'A' property which belongs to the Petitioner. 4. I undertake that I will make good the damage caused by me to the building of the Petitioner on the Schedule 'A' property. 5. I undertake to do the plastering to the East side wall of the building on the Schedule 'A' property and, also, I will paint the building on the Schedule 'A' property. 6. I undertake to indemnify the Petitioner from the damage which may be caused to his building on account of any further construction or any alteration of my building on the Schedule 'B' property. 7. I undertake that in future if the Petitioner's building on the Schedule 'A' property is damaged in any way because of the construction or any other work made by me in and to the Schedule 'B' property as mentioned in para 6, I shall make good the damage or pay for the damage or repair /rectification works. 8. I undertake that in future if the Petitioner or his legal heirs intends to demolish the old building on the Schedule 'A' property and cause any construction thereon, I will not obstruct or object the construction or any other work being done on the Schedule 'A' property in any manner that the Petitioner may undertake." 3. In view of the above affidavit filed by respondent No.5, the petitioner has filed a memo for withdrawal dated 02.02.2026 signed by the petitioner and counsel for the petitioner, which reads as under: "The Petitioner has filed the above writ petition seeking various reliefs against the Respondents in respect of the construction being undertaken by Respondent No.5 on the writ petition schedule 'B' Property. In view of the undertaking given by Respondent No.5 in respect of the said construction and the petitioner's building on the writ petition Schedule 'A' Property, and - 5 - HC-KAR NC: 2026:KHC:6907 WP No. 9066 of 2025 filed before this Hon'ble Court, the Petitioner does not press the above writ petition and this Hon'ble Court may be pleased to dismiss the above writ petition and this Hon'ble Court may be pleased to dismiss the above writ petitions as not pressed." 4. In that view of the matter, the petition stands dismissed taking on record the undertaking of respondent No.5 in terms of the aforesaid affidavit, which shall be complied within a period of six weeks from today. 5. The petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 23