IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 49713 OF 2016 (LB-BMP)

BETWEEN:

1. SHRI SATISH TUNGA S/O LATE SRI CHENNAKESHAVA TUNGA AGED ABOUT 55 YEARS R/A OLD HOUSE NO.514/E PRESENT NEW BBMP NO.514/E-1/111/2 1^ST MAIN ROAD, EAST OF CHORD ROAD RPC LAYOUT, HAMPINAGAR BENGALURU-560104

2. SMT. VEDAVATHI W/O SRI. SATISH TUNGA AGED ABOUT 49 YEARS R/A OLD HOUSE NO.514/E PRESENT NEW BBMP NO.514/E-1/111/2 1^ST MAIN ROAD, EAST OF CHORD ROAD RPC LAYOUT, HAMPINAGAR BENGALURU-560104 …PETITIONERS (BY SRI. A. NAGARAJAPPA, ADVOCATE)

Digitally signed by SUMA AND:

Location:

HIGH 1. THE COMMISSIONER COURT OF KARNATAKA BHRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, HUDSON CIRCLE BENGALURU-560002

2. THE ASST. EXECUTIVE ENGINEER BHRUHAT BANGALORE MAHANAGARA PALIKE GALI ANJANEYASWAMY TEMPLE SUB DIVISION, WARD NO.133 VTH MAIN ROAD, HAMPINAGAR BENGALURU-560104 …RESPONDENTS (BY SRI. AMITH DESHPANDE, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN RELATING TO THE PROCEEDINGS CULMINATING IN PASSING OF THE ORDER DATED 26.05.2012 IN NO.AEE(GA) CO/21/2012-13 BY THE SECOND RESPONDENT AND SET-ASIDE THE ORDER DATED 26.05.2012 MADE IN AEE (GA) CO/21/2012-13 PASSED BY THE SECOND RESPONDENT AT ANNEXURE-G AND THE ORDER DATED 17.08.2016 IN APPEAL NO.510/2012 PASSED BY THE COURT OF THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU AT ANNEXURE-L BY ALLOWING THIS APPEAL.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have challenged a confirmation order bearing No. ¸ÀASÉå: ¸À.PÁ.¤.1(UÁD)¹N/21/12-13 dated 26.05.2012 passed by respondent No.2 under Section 321(3) of the Karnataka Municipal Corporations Act, 1976 (henceforth referred to as 'Act, 1976') and the order dated 17.08.2016 passed by Karnataka Appellate Tribunal, Bengaluru (henceforth referred to as 'Tribunal') in Appeal No.510/2012.

2. (i) The petitioners claim that they are the owners of the property bearing No.514/E/1, which is assessed to tax and assigned Municipal No.514/E/1/111/2 situate at Magadi Chord Road Extension, 1^st Main Road, East of Chord Road, RPC Layout, Hampinagar, Bengaluru - 560104. The petitioners obtained sanction of a building plan and license to construct ground, first, second and third floors. The petitioners contend that after they occupied the building, the respondent No.2 issued a confirmation order dated 26.05.2012 under Section 321(3) of the Act, 1976, wherein it was mentioned that the provisional order dated 11.04.2011 under Sections 321(1) and 321(2) of the Act, 1976 was passed. The petitioners contend that the respondent No.2 did not serve the provisional order under Section 321(1) and did not issue notice under Section 321(2) of the Act, 1976, but proceeded to issue confirmation order under Section 321(3) of the Act, 1976. The petitioners thereafter challenged the said order before the Karnataka Appellate Tribunal under Section 443-A of the Act, 1976. The Tribunal also rejected the appeal in terms of the impugned order.

(ii) The petitioners are therefore, before this Court challenging the confirmation order passed by the respondent No.2 and the order passed by the Tribunal.

3. The learned counsel for the petitioners while inviting the attention of the Court to the order passed under Section 321(3) of the Act, 1976, contended that the petitioners had addressed a letter on 16.04.2012 requesting forty five days time to remove offending deviated portion and thereafter, removed the offending deviated portion. The complainant also vide letter dated 05.05.2012 informed the respondent No.2 about the removal of the offending portion by the petitioners. He therefore, submits that nothing remains to be done pursuant to the impugned order. He therefore, prays that the impugned orders be set at nought.