- 1 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 29969 OF 2025 (LB-BMP) BETWEEN: 1. SRI.VIJAYKUMAR NAGARAJ S/O LATE. N. NAGARAJ, AGED ABOUT 49 YEARS, RESIDING AT NO.182, 5TH C CROSS, SUNDER NAGAR, GOKULA, BENGALURU-560054. …PETITIONER (BY SRI. S.S.RAVISHANKAR S.S., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002. 2. THE JOINT COMMISSIONER (R.R.NAGAR) BRUHATH BENGALURU MAHANAGARA PALIKE, REMCO, BHEL LAYOUT, KENCHENAHALLI, RAJARAJESWARI NAGAR, BENGALURU-560098 3. THE ASSISTANT DIRECTOR BENGALURU SOUTH DIVISION-TOWN PLANNING REMCO, BHEL LAYOUT, KENCHENAHALLI, RAJARAJESWARI NAGAR, BENGALURU-560098 4. THE ASSISTANT EXECUTIVE ENGINEER YESWANTHPURA SUB DIVISION (BBMP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 2ND FLOOR, BBMP COMMERCIAL COMPLEX, NEAR CHOWDESWARI BUS STAND, MATHIKERE, BENGALURU-560054. 5. SRI. PRATIK BRUNO S/O SEBASTIN, AGED ABOUT 37 YEARS, RESIDING AT NO.183-A, 5TH C CROSS, SUNDER NAGAR, GOKULA, BENGALURU - 560054. …RESPONDENTS (BY SRI. VAIBHAV RAVI MALIMATH.,ADVOCATE FOR R1 TO R4; SRI.S.CHETAN., ADVOCATE FOR R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 AND 3, THE AUTHORITIES (BBMP AND ADTP) TO FORTHWITH STOP ONGOING ILLEGAL CONSTRUCTION CARRIED OUT BY THE RESPONDENT NO.5, AT NO.183-A, 5TH C CROSS, SUNDER NAGAR, GOKULA, BENGALURU NORTH, BENGALURU - 560054 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 - 3 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 ORAL ORDER On the allegation that respondent No.5, who is the neighbour of the petitioner herein, has put up an illegal construction, the petitioner complained about the same before the respondents - Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP'), now, the Greater Bengaluru Authority (for short, 'the GBA'). On the ground that respondent Nos.1 to 4, though have initiated proceedings against respondent No.5, have not taken the same to its logical end, the present writ petition is filed with the following prayers: "(a) Issue a writ of mandamus directing Respondent No.1 and 3, the Authorities (BBMP & ADTP) to forthwith stop ongoing illegal construction carried out by the Respondent No.5, at No.183-A, 5th C Cross, Sunder Nagar, Gokula, Bengaluru North, Bengaluru- 560054. (b) Direct Respondent No.1(BBMP) to take immediate enforcement action, including demolition of portions constructed in violation of building by-laws and without setbacks. - 4 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 (c) Direct Respondent No.1 to 4, to strictly enforce Sec.313 and Sec.248(1) & (2) of the BBMP Act, 2020 against Respondent No.5. (d) Pass any other relief(s) as this Hon'ble Court deems fit in the interests of justice and equity." 2. The learned counsel appearing for respondent No.5 submits that he has put up the construction in accordance with law and not in violation of the law and in turn makes an allegation on the petitioner himself as having violated the building by-laws and the sanctioned plan in putting up his construction. 3. The learned counsel appearing for the respondents - BBMP / GBA submits that respondent No.5 has filed O.S.No.3324/2025 and the trial Court has granted an order of injunction restraining them from interfering with the property of respondent No.5. A copy of the said order (vide Annexure-G to the writ petition) which is produced reads as under: "The defendant, its agents, officials, men, or any body under or though it are hereby restrained, by way - 5 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 of exparte ad-interim order of temporary injunction, from demolishing or damaging any portion of the suit schedule property or in any way interfering with the plaintiffs peaceful possession of the suit schedule property till the next date of hearing. The plaintiff is hereby directed to comply the order 39 R 3(a) of CPC. Further, the plaintiff shall furnish copies of plaint, I.A, documents and required PF which shall not fall deficit for issuance of summons within seven days from this date, failing which, the above order of granting of temporary injunction will automatically stands vacated. Issue notice of TI order on IA No.1, notice on IA No.1 and suit summons to defendant by 05-07-2025." 4. Learned counsel for Respondent Nos.1 to 4 contend that though respondent No.5 has put up construction in violation of building by-laws and the sanctioned plan, in the light of the order passed by the trial Court in O.S.No.3324/2025, they are unable to proceed further in the matter. However, he submits that steps have been taken by respondent Nos.1 to 4 to have the interlocutory order vacated. - 6 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 5. No person has a right to put up construction in violation of sanctioned plan or the building by-laws. If such a construction is made, a duty is cast on the authorities to have the same removed. However, in the instant case, as there is an interim order passed in O.S.No.3324/2025, the BBMP / GBA have not been able to proceed against respondent No.5. Under the said circumstances, in the opinion of this Court, the interest of justice would be met if the petitioner is permitted to seek impleadment in the said original suit. A direction is also required to be issued to the BBMP / GBA to take necessary steps in O.S. No.3324/2025 and ensure that the majesty of law is upheld. Hence, the following: ORDER i. The Writ Petition is hereby disposed of, by reserving liberty to the petitioner to implead himself in O.S.No.3324/2025, pending on the file of XXX Additional City Civil and Sessions Judge, Bengaluru (CCH- - 7 - HC-KAR NC: 2026:KHC:15046 WP No. 29969 of 2025 31) and also a direction is hereby issued to respondent Nos.1 to 4 to conduct the case in O.S.No.3324/2025 without any lapses on its part. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 1