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2026 DAILYLAW 9690 (KAR)

SRI.RESHMA R v. THE CHIEF COMMISSIONER

WP/4530/2026 · 2026-02-12

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9089 WP No. 4530 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4530 OF 2026 (LB-RES) BETWEEN: SRI.RESHMA R W/O DILIP.G AGED ABOUT 40 YEARS RESIDING AT NO.6/2,7/166 BENDRE NAGARA KADIRENAHALLI, 4TH CROSS, BANGALORE- 560 070 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER AND APPELLATE AUTHORITY GREATER BANGALORE AUTHORITY N.R.SQUARE BANGALORE-02 2. EXECUTIVE ENGINEER PADMANABHANAGARA SUB-DIVISION BRUHATH BENGALURU MAHANAGARA PALIKE, BANGALORE- 560 192 3. THE ASSISTANT EXECUTIVE ENGINEER PADMANABHANAGARA SUB-DIVISION BRUHATH BENGALURU MAHANAGARA PALIKE, BANGALORE- 560 192 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9089 WP No. 4530 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 12.01.2026 PASSED BY THE R-1 IN APPEAL NO. 306/2024 VIDE ANNX-F TO THE WRIT PETITION AND CONSEQUENTLY ALLOW THE APPEAL FILED BY THE PETITIONER BY SETTING ASIDE THE CONFIRMATION ORDER DTD. 15.10.2024 BEARING NO. SA.KA.NI. A/ PANA/C.O/181/2024-2025 PASSED BY THE RESPONDENT NO.3 U/S 248(3) OF THE BRUHATH BENGALURU MAHANAGARA PALIKE ACT, 2020 (BBMP ACT) VIDE ANNX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri. Pawan Kumar, learned counsel accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other writ of like nature and quash, the order dated 12.01.2026 passed by the 1st respondent in Appeal No.306/2024 vide Annexure-F to the writ petition and consequently allow the appeal filed by the petitioner by setting aside the confirmation order dated 15.10.2024 bearing No. ¸À.PÁ.¤.C/¥À£À/¹.N/03/2024-2025 2024-25 passed by the Respondent No.3 under Section 248(3) of the Bruhath Bengaluru Mahanagara Palike Act, 2020 (BBMP Act) vide Annexure-E and, - 3 - HC-KAR NC: 2026:KHC:9089 WP No. 4530 of 2026 b. Grant any other remedy that this Hon'ble Court deems fit, in the interest of justice and equity." 3. Learned counsel for the petitioner submits that he would apply for a plan sanction in terms of Subsection (7) of Section 230 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 by 27.02.2026. 4. In that view of the matter, respondents are directed to process the plan sanction if submitted by the petitioner on 27.02.2026 within a period of 30 days thereafter and, in the event of it being found that there is any construction which is not capable of being regularised by issuance of a plan sanction, to demarcate the same, to remove such excess/deviation, to demarcate the violated area which is required to be removed to bring it in compliance with the building bye-laws, and to provide a period of 60 days to the petitioner to remove the same. Until then the respondents are restrained from taking any coercive steps against the petitioner. If the deviated portion is not removed within the aforesaid period, respondents are permitted to take action in terms of Annexure-E, which shall remain suspended until then. - 4 - HC-KAR NC: 2026:KHC:9089 WP No. 4530 of 2026 5. With the above observations, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 13