IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO. 20010 OF 2025 (LB-BMP)

BETWEEN:

SRI.T.PRAKASH

S/O SRI.K.THIMMAISH, AGED ABOUT 67 YEARS,

RESIDING AT NO.70(3/1),

3^RD MAIN ROAD,

VIDYAPEETHA, BSK 3^RD STAGE,

SRINIVASA NAGARA, BANGALORE-500085.

…PETITIONER

(BY SRI.VIGHNESHWARA SHASTRI, SENIOR COUNSEL ALONG WITH

SRI.MAYANNA GOWDA N.R., ADVOCATE)

AND:

1. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE,

CORPORATION BUILDING,

N.R. SQUARE, BANGALORE-560002.

Digitally signed

by

MARKONAH ALLI 2. THE ZONAL COMMISSIONER (SOUTH)

RAMU PRIYA

Location: HIGH COMMERCIAL COMPLEX BBMP,

COURT OF 9^TH CROSS ROAD, 9^TH MAIN ROAD,

KARNATAKA

2^ND BLOCK, JAYANAGARA,

BANGALORE-560011.

3. ASST.EXECUTIVE ENGINEER (V)

S15 SUB-DIVISION, BESCOM,

BANASHANKARI 3^RD STAGE,

BANGALORE-560085.

…RESPONDENTS

(BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R1 AND R2;

SMT.GIRIJA PATIL, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE PASSED BY THE RESPONDENT NO.2 UNDER SECTION 356(1) OF BBMP ACT, 2020 DATED 03.04.2025 AS PER ANNEXURE-E AND ETC.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged an order bearing No.ªÀ.D(zÀ)/¹Ü.D/¦.Dgï/01/2025-26 dated 03.04.2025 passed by the respondent No.2 under Section 356(1) of the Bruhat Bengauru Mahanagara Palike Act, 2020 (henceforth referred to as ‘the BBMP Act, 2020’) (Annexure–E). He has also challenged an order bearing No.¸ÀPÁEA(«)/J¸ï15/¸À.EA(«)(vÁA)/2024-25/386-88 dated 26.05.2025 passed by the respondent No.3 (Annexure–

F).

2. The petitioner claims that he is the owner of a property bearing No.70, New No.70(3/1), PID No.54-55-70, 3^rd Main Road, Vidyapeetha, Banashankari 3^rd stage, Srinivasanagara, Bengaluru. His father had obtained a plan and licence to construct a residential building comprised of ground and first floor during the year 1982. After the death of his father, the petitioner constructed an additional floor over the existing building and constructed it in accordance with the plan sanctioned.

(ii) When things stood thus, the respondent No.2 issued a notice under Section 321(1) and 321(2) of the Karnataka Municipal Corporations Act, 1976 (henceforth referred to as 'the KMC Act, 1976') and thereafter passed an order under Section 321(3) of the KMC Act, 1976 dated 13.03.2015. It is claimed that the respondent Nos.1 and 2 inspected the building and directed some modification, which was accordingly done by the petitioner. It is claimed that after 10 years the respondent No.2 has passed an order bearing No. ªÀ.D(zÀ)/¹Ü.D/¦.Dgï/01/2025-26 dated 03.04.2025 under Section 356(1) of the BBMP Act, 2020 to demolish the portion, which was in violation of the sanctioned plan. Thereafter, the respondent No.3 passed an order bearing No. ¸ÀPÁEA(«)/J¸ï15/¸À.EA(«)(vÁA)/2024-25/386-88 dated 26.05.2025 to show cause as to why the electricity connection should not be disconnected. The petitioner is therefore before this Court challenging the said orders.

3. The learned Senior Counsel for the petitioner submitted that the construction was put up in the year 1982 and that after the orders under Section 321(1), 321(2) and 321(3) of the KMC Act, 1976 were passed, the officers had visited the building and suggested some modifications, which were accordingly done. Therefore, the respondents had not taken any action. However, after 10 years, the respondent Nos.1 and 2 have passed the order under Section 356 of the BBMP Act, 2020, following which, the respondent No.3 has issued a notice to disconnect the electric connection. He therefore prays that the impugned orders be set aside.

4. The learned counsel for the respondent Nos.1 and 2 submits that the petitioner has failed to comply with the order under Section 321(3) of the KMC Act, 1976 and therefore, the respondent Nos.1 and 2 w