- 1 - HC-KAR NC: 2026:KHC:23631 WP No. 24453 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24453 OF 2024 (LB-BMP) BETWEEN: 1. SMT. VISHALAKSHI V. W/O LATE N.SANTOSH KUMAR AGED ABOUT 54 YEARS R/AT NO.07, 4TH MAIN DESHABANDHU NAGAR KRISHNA TEMPLE ROAD DODDA BOMMASANDRA BANGALORE NORTH (T) VIDYARANYAPURA BENGALURU-560 097. 2. SMT. PRIYANKA CHETHAK W/O CHETHAK AGED ABOUT 32 YEARS R/AT NO.285, 2ND CROSS C.T.BED ROAD, THYAGARAJANAGAR BANASHANKARI II STAGE BENGALURU SOUTH-560 070. …PETITIONERS (BY SRI. V.B.SHIVA KUMAR, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICES, N.R. SQUARE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23631 WP No. 24453 of 2024 J.C. ROAD, BENGALURU-560 002. BY ITS COMMISSIONER. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICES, N.R. SQUARE J.C. ROAD, BENGALURU-560 002. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING, YELAHANKA ZONE BRUHAT BENGALURU MAHANAGARA PALIKE AMRUTHAHALLI MAIN ROAD BYATARAYANAPURA, BENGALURU-560 092. …RESPONDENTS (BY SRI. KARTHIKEYAN B.S., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE ORDER PASSED BY RESPONDENT NO.2 IN APPEAL NO.91/2023 DATED 01.06.2024 IN TERMS OF ANNEXURE-'A' AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:23631 WP No. 24453 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners are challenging the impugned order dated 01.06.2024 passed in Appeal No.91/2023 by respondent no.2 (vide Annexure-A to the writ petition) and the subsequent partial building demolition order dated 27.07.2023 (vide Annexure-B to the writ petition) passed by respondent no.3. 2. In the course of arguments, learned counsel for the petitioners candidly admits that petitioners have put up construction in violation of the sanctioned plan and hence, they have suffered the aforementioned orders. However they submit that, under the present building bye-laws majority of the construction put up can still be saved and they intend to make an application for modification of the sanctioned plan and thereafter they themselves would voluntarily remove such deviations, which cannot be regularized. 3. No person has a right to put up construction in violation of building bye-laws and the sanctioned plan. Hence, the following: - 4 - HC-KAR NC: 2026:KHC:23631 WP No. 24453 of 2024 ORDER (i) The petitioners are granted four weeks time from today to apply for modified sanction plan; (ii) If such an application is made, the same shall be considered in accordance with law and appropriate orders shall be passed by the respondents; (iii) If such an application is made, then in that event respondents shall keep the impugned orders in abeyance until a decision is taken by the respondent authorities on the request of the petitioners for modified sanction plan and thereafter suitable action will be initiated; (iv) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 45