Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:392 WP No. 14200 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14200 OF 2022 (LB-BMP)
BETWEEN:
1.
SRI. JANARDHAN AGED ABOUT 37, S/O NAGARAJU, R/AT NO.27, CHITRA LAYOUT, ATTUR WARD, BANGALORE-560 064.
2.
SRI. VIJAYA KRISHNA D.
AGED ABOUT 32, S/O D. NAGARAJARAO, R/AT NO.9, AKSHAY SIRI, MAGNESIA LAYOUT, VEERASAGAR ROAD, ATTUR, BANGALORE-560 064.
3.
SRI. RAVI PRASAD C.B.
AGED ABOUT 38, S/O BYREGOWDA, R/AT NO.1, AKSHAY SIRI, MAGNESIA LAYOUT, VEERASAGAR ROAD, ATTUR, BANGALORE-560 064.
4.
SRI. MADAN LAL AGED ABOUT 41, S/O. TEJA RAM, R/AT NO.2, AKSHAY SIRI, MAGNESIA LAYOUT, VEERASAGAR ROAD, ATTUR, BANGALORE-560 064.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:392 WP No. 14200 of 2022
5.
SRI. VENKATESH KULKARNI AGED ABOUT 36, S/O BHIMSEN RAO KULKARNI, R/AT NO.8, AKSHAY SIRI, MAGNESIA LAYOUT, VEERASAGAR ROAD, ATTUR, BANGALORE-560 064. …PETITIONERS
(BY SRI. C.M. NAGABUSHANA, ADVOCATE & SRI. K.S. UDAY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION BUILDINGS, N.R. SQUARE, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER.
3.
THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, YELHANKA, SUB-DIVISION, YELHANKA NEW TOWN, BANGALORE-560 002. …RESPONDENTS
(BY SMT. CHANDINI SINGH, HCGP FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 & R3)
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HC-KAR NC: 2026:KHC:392 WP No. 14200 of 2022
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: (I) QUASH THE
ORDER BEARING NO’S. BBMP/AEE/YNSD/PR/91/2022-23, BBMP/AEE/YNSD/PR/92/2022-23, BBMP/AEE/YNSD/PR/93/ 2022-23, BBMP/AEE/YNSD/PR/95/2022-23, BBMP/AEE/YNSD/ PR/96/2022-23, AT ANENXURES-H1 TO H5 PASSED BY THE 3RD RESPONDENT; 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. Petitioners are before this Court seeking for the following reliefs:
“(i) Issue a Writ of Certiorari / order or direction of similar nature quashing the order bearing No's. BBMP/AEE/YNSD/PR/91/2022-23, BBMP/AEE/ YNSD/PR/92/2022-23, BBMP/AEE/YNSD/PR/93/ 2022-23, BBMP/AEE/YNSD/PR/95/2022-23, BBMP/ AEE/YNSD/PR/96/2022-23 at ANNEXURES H1 to H5 passed by the 3rd respondent. (ii) Issue of Writ of Mandamus / direction or
order/s of similar nature directing the respondents to consider the representation of the petitioners at Annexure-J1 to J5 Dated 01/07/2022 as per the Section 76FF of the Karnataka Town and Country Planning Act. (iii) Issue a Writ of mandamus / direction or order restraining the respondents from demolishing the structures of the petitioners till the
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HC-KAR NC: 2026:KHC:392 WP No. 14200 of 2022
consideration of the representation of the petitioners at Annexure -J1 to J5. (iv) Issue any other order or orders as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.”
2. Action was proposed to be taken against the petitioners for having put up construction without a plan sanction.
3.
Learned counsel for the petitioners submits that the petitioners will submit their individual plans for approval and sanction to the respondent authorities. The said submission being premised on the fact that the construction which has been put up by the petitioners is in accordance with the applicable building by-laws.
4. In that view of the matter, I am of the considered opinion that a direction could be issued to the respondent-authorities to carry out an inspection of each of the construction put up by the petitioners ascertaining if the same is in accordance with the
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HC-KAR NC: 2026:KHC:392 WP No. 14200 of 2022
building by-laws and to consider the plan submitted for sanction, if in accordance with law.
5. In that view of the matter, I pass the following:
ORDER
i. The writ petition is partly allowed.
ii. The submission of the petitioners that the petitioners will submit their respective plans for sanction by 23.01.2026 is placed on record.
iii. On the submission of the said plans, respondent No.3 and the jurisdictional Additional Director of Town Planning, are directed to cause the inspection of each of the premises of the petitioners to ascertain if the construction is in accordance with the applicable building bylaws.
iv. The said inspection to be carried out commencing from 10.30 a.m. on 03.02.2026.
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HC-KAR NC: 2026:KHC:392 WP No. 14200 of 2022
v. The inspection report to be submitted to the petitioners by 11.02.2026 to enable the petitioners to rectify any of the violations pointed out.
vi. If there are no violations, respondent No.3 and the jurisdictional Additional Director of Town Planning are directed to consider the plans submitted for sanction and approve the same.
vii. If there is any violation of the building by-laws, such violation shall be removed by
30.03.2026. In the event of the violation not being removed, the respondents would be entitled to implement Annexures-H1 to H5 immediately thereafter.
Sd/- (SURAJ GOVINDARAJ) JUDGE
TL List No.: 1 Sl No.: 50