- 1 - HC-KAR NC: 2026:KHC:2230 WP No. 38852 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.38852 OF 2018 (LB-BMP) BETWEEN: SMT. R.PARVATHI W/O SRINIVASA MURTHY, AGED ABOUT 55 YEARS, RESIDING AT PARVATHI NILAYA, 1ST “B” CROSS, GOKULA EXTENSION, DEVASANDRA, K.R.PURAM, BENGALURU – 560 036. …PETITIONER (BY SRI. NAIK N.R., ADVOCATE) AND: 1. SRI. ZAHEER KHAN S/O ANWAR KHAN, AGED ABOUT 57 YEARS, RESIDING AT NO.9 AND 10 AKSHAYA NAGAR, 2ND BLOCK, 20TH CROSS, R.M.NAGAR, BENGALURU – 560 016 2. SRI.TANVEER S/O LATE T. NAYAZ AHMED, AGED ABOUT 50 YEARS, RESIDING AT NO.1/1, PRIYADARSHINI LAYOUT, 5TH CROSS, K.R.PURAM, BENGALURU – 560 036. 3. SMT. AYISHA AMBERIN W/O ISMAIL BAIG, AGED ABOUT 42 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2230 WP No. 38852 of 2018 RESIDING AT NO.122, 2ND CROSS, VIJAYA BANK COLONY, KRISHNARAJAPURAM, BENGALURU – 560 036. 4. THE COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE, N.R.SQUARE, BENGALURU – 560 002. 5. THE ASSISTANT EXECUTIVE ENGINEER MAHADEVAPURA SUB-DIVISION, B.B.M.P, BENGALURU – 560 002. …RESPONDENTS (BY SRI. G.B.MANJUNATH, ADVOCATE FOR R1 AND R2; SRI. JANARADHANA G., ADVOCATE FOR R3; SRI. PAWNA KUMAR, ADVCOATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 AND 5 TO STOP ILLEGAL AND UNAUTHORIZED CONSTRUCTION ON THE SCHEDULE PROPERTIES BELONGS TO THE PETITIONER PUTTING UP BY THE R-1 TO 3 AND DIRECT THE STATION HOUSE OFFICER, K.R.PURAM, BENGALURU TO IMPLEMENT THE ORDER PASSED BY THE CITY CIVIL COURT AGAINST THE R-1 AND 2 IN O.S.No.5732/2007 DATED 26.03.2008 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ‘DISMISSAL FOR NON- PREOSECTION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:2230 WP No. 38852 of 2018 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i) To issue writ of mandamus directing the respondents 4 and 5 stop illegal and unauthorized construction on the schedule properties belongs to the petitioner putting up by the respondents 1 to 3. ii) To direct the Station House Officer, K.R.PURAM, BENGALURU to implement the order passed by the City Civil Court against the respondents 1 and 2 in O.S.No.5732/2007 order dated 26.03.2008 vide Annexure-A. iii) Grant such other relief/s deems fit as the circumstances explained above, in the interest of justice and equity. 2. The grievance of the petitioner is that respondent Nos. 1 to 3 are putting up illegal and unauthorized construction on the property bearing Site Nos.6 and 13 of Basavanapura Village, K.R.Puram Hobli, Bengaluru East Taluk. 3. A representation in that regard was filed on 08.08.2018. The official respondents have not taken - 4 - HC-KAR NC: 2026:KHC:2230 WP No. 38852 of 2018 any action. A representation has been made that there is an illegal construction which is going on, but it was required for the official respondents to consider the same and take necessary action after verification, if the construction being carried out without a plan sanction or the construction is in violation of the plan sanction granted. None of these actions have been taken. 4. Accordingly, I proceed to pass the following ORDER (i) The petition is allowed. (ii) A writ of mandamus is issued directing respondent Nos.4 and 5 to consider the representation date 08.08.2018 at Annexure G. Inspect the property, which is the subject matter of the above writ petition and ascertain, if there is any plan sanction, which has been granted. (iii) If such plan sanction is granted, to ascertain, if the construction is in accordance with the plan - 5 - HC-KAR NC: 2026:KHC:2230 WP No. 38852 of 2018 sanction. If no such plan sanction is granted and there is any illegal construction being carried out, to take appropriate action in accordance with law, within a period of 30 days from the date of receipt of copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 1 Sl No.: 1