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2026 DAILYLAW 8361 (KAR)

SRI G K VENKATESH SETTY v. CHIEF COMMISSIONER

WP/2505/2026 · 2026-04-16

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21055 WP No. 2505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2505 OF 2026 (LB-BMP) BETWEEN: 1. SRI G K VENKATESH SETTY S/O R. KRISHNA SETTY, AGED ABOUT 49 YEARS 2. SMT. SMITHA CHANDRAPPA, W/O. G.K. VENKATESH SETTY, AGED ABOUT 45 YEARS BOTH ARE PRESENTLY RESIDING AT NO.257, 3RD CROSS, 5TH MAIN, RAMANASHREE NAGAR, DODDAUAMANAHALLI OFF B.G.ROAD, ADJACENT TO RAJA ARISTOS APARTMENT, BANGALORE-560076. …PETITIONERS (BY SRI. K.N.MAHABALESHWARA RAO.,ADVOCATE) AND: 1. CHIEF COMMISSIONER BRUHATH BANGALORE MAHANAGAR PALIKE. BBMP, HEAD OFFICE BUILDING, N.R.ROAD, HUDDSON CIRCLE, BANGALORE-560002 2. ADDITIONAL DIRECTOR GENERAL OF POLICE THE BBMP TASK FORCE, BANGALORE BRUHATH MAHANAGAR PALIKE. BBMP, HEAD OFFICE BUILDING, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21055 WP No. 2505 of 2026 N.R.ROAD, HUDDSON CIRCLE, BANGALORE-560002 3. ASSISTANT EXECUTIVE ENGINEER BANGALORE BRUHATH MAHANAGAR PALIKE. BBMP WARD OFFICE, BOMMANAHALLI, BEGUR MAIN ROAD, BEGUR, BANGALORE-560068. 4. SRI. A HARIHARAN S/O. K. ANNAMALAI. AGED ABOUT 57 YEARS, NO.53, 3RD CROSS, AYYAPPA GARDEN, AUDUGODI, BANGALORE SOUTH, BANGALORE-560 030. …RESPONDENTS (BY SRI. PAWAN KUMAR.,ADVOCATE FOR R1 & R3; SRI. BOPANNA BELLIAPPA, AGA FOR R2; SMT. B.V. VIDYULATHA, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO. 1 TO 3 TO TAKE NECESSARY STEPS TO ALTER THE CONSTRUCTED PORTION OF THE BUILDING CONSTRUCTED IN HOUSE SITE NO.25, KATHA NO. 715, BBMP KATH NO. 1193/24, MEASURING EAST TO WEST 80 FEET AND NORTH TO SOUTH 50 FEET, FORMED IN THE CONVERTED LAND BEARING SY NO. 376/2 AND 376/3 SITUATED AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, WITHIN JURISDICTION OF BBMP, IN THE LAYOUT SITUATED AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORS KNOWN AS CLASSIC PARADISE LAY OUT, WITH IN BBMP WARD NO.192 SO AS TO BRING THE CONSTRUCTION OF THE BUILDING IN CONFORMITY WITH THE SANCTIONED BUILDING PLAN AS PER ANNEXURE-C AND BUILDING BYELAWS OF BRUHAT BENGALURU MAHANAGARA PALIKE AND IN TERMS OF RULES AND BUILDING REGULATION OF BRUHAT BENGALURU MAHANAGARA PALIKE AND ETC., - 3 - HC-KAR NC: 2026:KHC:21055 WP No. 2505 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners have made a complaint to respondent Nos.1 to 3 stating that respondent No.4 has put up construction in violation of the building bye-laws and the sanctioned plan. 2. Learned counsel appearing for respondent no.4 denies the same. 3. However, learned counsel appearing for the Greater Bengaluru Authority (respondent Nos.1 to 3) upon instructions submits that subsequent to filing of the writ petition, a survey has been conducted in respect of the construction put up by respondent No.4 and it is found that respondent no.4 has put up construction in violation of the building bye-laws and the sanctioned plan. It is further submitted that the GBA shall initiate suitable action against respondent no.4 in the manner of law. Hence, the following:- - 4 - HC-KAR NC: 2026:KHC:21055 WP No. 2505 of 2026 ORDER i. The writ petition is disposed of. ii. Respondent Nos.1 to 3 (GBA) are hereby directed to initiate appropriate action against respondent No.4 for putting up construction in violation of the building bye-laws and the sanctioned plan. iii. Respondent No.4 is at liberty to defend his action in the manner known to law. iv. If there is any dispute between the petitioners and respondent no.4 in respect of the encroachment of their respective properties, they are at liberty to approach the Civil Court in the manner known to law. v. Till a decision is taken by respondent Nos.1 to 3 in respect of the illegal construction put up by respondent No.4, respondent No.4 will not put up any additional construction. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 46