- 1 - HC-KAR NC: 2026:KHC:21838 WP No. 4224 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 4224 OF 2025 (LB-BMP) BETWEEN: 1. SRI GANGA PRASAD S/O KHAJANCHILAL AGED ABOUT 68 YEARS, R/A 103, SANJAY NAGAR, POSTAL COLONY, HEBBAL, BENGALURU-560 024 …PETITIONER (BY SRI. VIJAY BHONSLE.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560 002 2. ZONAL COMMISSIONER BBMP WEST ZONE, YELAHANKA ZONE, BENGALURU.-560064 3. ASSISTANT EXECUTIVE ENGINEER KODIGEHALLI SUB-DIVISION, BENGALURU-560092 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE OR QUASHING THE ORDER DATED 21.12.2024 PASSED BY THE RESPONDENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21838 WP No. 4224 of 2025 NO.1 IN APPEAL NO.164/2024 AT ANNEXURE -A IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The impugned order has been passed by respondent No.1 on the ground that the petitioner has put up construction in violation of the sanctioned plan and that the construction so put up, exceeding the permitted limit, is ordered to be demolished. 2. In the course of arguments, learned counsel for the petitioner candidly admits that the petitioner has indeed put up construction in violation of the sanctioned plan, but submits that, upon realizing the mistake, the petitioner has requested for grant of a modified sanctioned plan. It is his request that, till a decision is taken on the same, no precipitative action should be initiated against the petitioner. 3. Learned counsel for the respondents justifies the impugned order and prays for dismissal of the writ petition. However, he has no objection for the respondents to consider - 3 - HC-KAR NC: 2026:KHC:21838 WP No. 4224 of 2025 the modified sanctioned plan, if the same has been filed by the petitioner as stated. 4. Hence, the following:- ORDER i. The writ petition is disposed of. ii. The respondents are directed to consider the request of the petitioner for grant of a modified sanctioned plan in accordance with law, if the petitioner has applied for the same. iii. Until a decision is taken on the same, no precipitative action shall be initiated against the petitioner by the respondents. iv. The petitioner shall not put up any additional construction till a decision is taken by the BBMP / GBA. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 1