- 1 - HC-KAR NC: 2026:KHC:21610 WP No. 10698 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10698 OF 2026 (LB-BMP) BETWEEN: SRI. SHAILESH KUMAR S/O B JAVER CHAND JAIN, AGED ABOUT 37 YEARS, R/AT NO.5, GARLA REGENCY, WEST CIRCLE ROAD, SAJJANRAO CIRCLE, V V PURAM, BENGALURU - 560 004. …PETITIONER (BY SRI. RAVISHANKAR.G.S., ADVOCATE) AND: 1. GREATER BENGALURU AUTHORITY (GBA) /BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) / N.R. SQUARE, BANGALORE - 560 002, REP. BY ITS CHIEF COMMISSIONER. 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING (CENTRAL ZONE, BENGALURU) 9TH MAIN RD, 2ND BLOCK, JAYA NAGAR EAST, JAYANAGAR - BENGALURU - 560 011. 3. THE ZONAL COMMISSIONER, BBMP BENGALURU CENTRAL ZONE 9TH MAIN RD, 2ND BLOCK, JAYA NAGAR EAST, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21610 WP No. 10698 of 2026 JAYANAGAR, BENGALURU - 560 011. 4. ASSISTANT EXECUTIVE ENGINEER (GBA) CHAMARAJPET WARD (WARD NO.140) NO.1, BBMP BUILDING, 3RD CROSS, 5TH MAIN RD, NEAR UDUPI UPAHAR, RAJAGOPALNAGAR, CHAMRAJPET, BENGALURU, KARNATAKA - 560 018 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENTS (SPECIFICALLY RESPONDENT NO. 4) TO IMMEDIATELY REMOVE THE SEAL AND RESTORE POSSESSION/ACCESS OF THE SCHEDULE PROPERTY TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Proceedings were initiated against the petitioner for putting up construction in violation of the building bye- laws and the sanctioned plan. This culminated in the - 3 - HC-KAR NC: 2026:KHC:21610 WP No. 10698 of 2026 petitioner filing an appeal bearing No.273/2025 before the Appellate Authority under the Bruhat Bengaluru Mahanagara Palike Act, 2020, and the same is pending. In the meanwhile, certain actions were initiated by the respondents against the petitioners, which constrained the petitioners to file W.P. No.39565/2025. In the said writ petition, the following order has been passed. "i) The Writ petition is partly allowed. ii) Respondent no.1 is directed to consider the appeal filed by the petitioner in Appeal No.273/2025 and pass necessary orders thereon after hearing all the concerned after following the due procedure. iii) Untill the disposal of Appeal No.273/2025, the respondents are restrained from taking any coercive steps against the petitioner. iv) Though the petition is disposed for the Special Commissioner (IT) to file its compliance with the above directions, relist on 25.03.2026." 2. In spite of pendency of the appeal and the respondents being restrained from taking any coercive - 4 - HC-KAR NC: 2026:KHC:21610 WP No. 10698 of 2026 steps against the petitioner as per the order passed in W.P.No.39565/2025, the respondents are said to have sealed the property of the petitioner. Hence, the petitioner has preferred the present writ petition with the following prayers: "a. ISSUE A WRIT OF MANDAMUS or any other appropriate writ, order, or direction, directing the Respondents (specifically Respondent No.4) to immediately remove the seal and restore possession/access of the Schedule Property to the Petitioner. b. ISSUE A WRIT OF CERTIORARI or any other appropriate writ or order, quashing the illegal action of sealing the Schedule Property carried out by the Respondents during the pendency of Appeal No.273/2025 filed before BBMP / GBA Commissioner At Blore - ANNEXURE-D. c. GRANT such other relief/s as this Hon'ble Court deems fit in the interest of justice and equity." 3. In the course of arguments, the learned counsel appearing for the petitioner submits that the petitioner will not put up any additional construction on the property till - 5 - HC-KAR NC: 2026:KHC:21610 WP No. 10698 of 2026 appropriate orders are passed in the appeal. He submits that his prayer is limited to opening the seal made by the respondent-authorities. 4. The learned counsel appearing for the respondents do not dispute the order passed in W.P.No.39565/2025 and also the pendency of the appeal. He candidly admits that, by inadvertence, the property of the petitioner has been sealed and he has no objection for opening of the same in the light of the petitioner making a submission that he will not put up any further construction. Hence, the following: ORDER i. The seal put up by the respondents on the property of the petitioner shall be opened forthwith. ii. The respondents shall not precipitate the matter against the petitioner till a decision is taken in - 6 - HC-KAR NC: 2026:KHC:21610 WP No. 10698 of 2026 the appeal, pending before the Appellate Authority. iii. The petitioner also shall not put up any additional construction on the property, till the appeal is decided by the Appellate Authority. iv. The Writ Petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 8