DR. GORUR KRISHNAMURTHY SHREERAM v. HIGH

(BY SRI. ARUN B M., ADVOCATE) AND: …PETITIONER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560 001 BY ITS CHIEF COMMISSIONER.

ASSISTANT EXECUTIVE ENGINEER KODIGEHALLI SUB DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 092.

ASSISTANT DIRECTOR OF TOWN PLANNING YELAHANKA ZONE, BRUHATH BANGALORE MAHANAGARA PALIKE, AMRUTHAHALLI MAIN ROAD, - 2 - NC: 2025:KHC:29747 WP No. 34502 of 2024 HC-KAR BYATARAYANAPURA, BANGALORE-560 092.

SHRI NANDISH M S/O SHRI MADHU M, AGED 40 YEARS, R/AT NO.14/3, 21ST CROSS, KANAKANAGAR, R T NAGAR POST, BENGALURU-560 032. …RESPONDENTS (BY SRI. SIDDHARTH PADMARAJ DESAI, ADVOCATE FOR R.1 TO R.3; SRI ANAND R.B., ADVOCATE FOR R.4.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NOS.1 TO 3 TO TAKE ACTION AGAINST THE ILLEGAL CONSTRUCTION UNDERTAKEN BY THE RESPONDENT NO.4 IN HIS PROPERTY BEARING BBMP NO.651, KHATA NO.640/651, SITUATE AT 11TH CROSS, 8TH MAIN ROAD, COFFEE BOARD LAYOUT, KEMPAPURA, (WARD NO.7- BYATARAYANAPURA), BENGALURU-560 024, IN VIOLATION OF PROVISIONS OF THE BRUHATH BENGALURU MAHANAGARA PALIKE ACT, 2020, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:29747 WP No. 34502 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER

1. Petitioner is said to be the owner of a property adjoining the property of respondent No.4 (property bearing BBMP No.651, Khata No.640/651, 11th Cross, 8th Main Road, Coffee Board Layout, Kempapura, Bengaluru - 560 024). On the ground that a building is being constructed by respondent No.4 in violation of the plan sanctioned and the building bye-laws, the present writ petition is filed with the following prayers: "a) Direct the Respondents 1 to 3 to take action against the illegal construction undertaken by the Respondent No.4 in his property bearing BBMP No.651, Khata No.640/651, situate at 11th Cross, 8th Main Road, Coffee Board Layout, Kempapura, (Ward No.7 - Byatarayanapura), Bengaluru-560 024, in violation of provisions of the Bruhat Bengaluru Mahanagara Palike Act, 2020. b) Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case. "

2. Learned counsel for respondent No.4 is absent. - 4 - NC: 2025:KHC:29747 WP No. 34502 of 2024 HC-KAR

3. Learned counsel for respondent Nos.1 to 3 submits that action has been initiated against the owner of the property concerned. It further submitted respondent No.4 is only the GPA holder and not the owner of the property. However, it is not in dispute that respondent Nos.1 to 3 after noticing certain violations by the owner of the property concerned have initiated action. It is further submitted that in respect of the action initiated against the property concerned, an appeal under Section 253 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 is filed and the same is pending and further action will be taken subsequent to the orders passed in the said appeal.

4. Learned counsel for the petitioner submits that a direction may be issued respondent No.1 expeditiously dispose of the appeal. It is further submitted that permission may be granted to the petitioner to implead himself in the proceedings. Learned - 5 - NC: 2025:KHC:29747 WP No. 34502 of 2024 HC-KAR counsel for respondent Nos.1 to 3 has no objection for the same.