2025 Supreme(Online)(Kar) 442138
THE HIGH COURT OF KARNATAKA
S.SUNIL DUTT YADAV
SMT M MANJULA KUMARI – Appellant
Versus
THE CHIEF COMMISSIONER – Respondent
WP 15111/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 15111 OF 2025 (LB-BMP)
BETWEEN:
SMT M. MANJULA KUMARI
W/O LATE M NAGESH
AGED ABOUT 55 YEARS
NO. 400, ASHRITHA
RAMAGONDANAHALLI, WHITEFIELD
BENGALURU 560 066
…PETITIONER
(BY SRI. M J ALVA.,ADVOCATE)
AND:
1. THE CHIEF COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE BENGALURU - 560 002
Digitally
signed by 2. THE EXECUTIVE ENGINEER
VIJAYA P
Location: WHITEFIELD SUB-DIVISION
HIGH COURT BRUHAT BENGALURU MAHANAGARA PALIKE
OF
KARNATAKA MAHADEVAPURA RANGE
VARTHUR ROAD, WHITEFIELD
RAMAGONDANAHALLI BENGALURU-560 066
3. THE ASST. EXECUTIVE ENGINEER
WHITEFIELD SUB-DIVISION BRUHAT BENGALURU
MAHANAGARA PALIKE MAHADEVAPURA RANGE
VARTHUR ROAD, WHITEFIELD RAMAGONDANAHALLI
BENGALURU - 560 066
4. JAYAKEERTHI S/O LATE SANJEEVARAJU AGED ABOUT 50 YEARS NO. 7, SANGEETH, 3RD CROSS VINAYAKA LAYOUT, K.R. PURAM BENGALURU-560 036
5. SMT. LAKSHMISHREE D/O LATE SANJEEVARAJU AGED ABOUT 48 YEARS NO. 7, SANGEETH, 3RD CROSS VINAYAKA LAYOUT, K.R. PURAM BENGALURU - 560 036 …RESPONDENTS (BY SRI. PAWAN KUMAR.,ADVOCATE FOR R1 TO R3 SRI A. SAMPATH FOR RESPONDENTS 4 AND 5)
THIS WRIT PETITION UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA IS FILED PRAYING TO DIRECT THE RESPONDENTS TO STOP THE ILLEGAL AND UNAUTHORIZED CONSTRUCTION BEING PUT UP IN THE SCHEDULE PROPERTY IN CONTRAVENTION OF THE BUILDING BYELAWS OF THE CITY OF BENGALURU AND DIRECT THE RESPONDENT NO. 1 TO INITIATE PROCEEDINGS AGAINST THE RESPONDENT NOS. 2 AND 3 FOR ALLOWING THE RESPONDENT NOS. 4 AND 5 TO PUT UP UNAUTHORIZED AND ILLEGAL CONSTRUCTION IN THE SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The present petition has been filed seeking for issuance of writ of mandamus to direct the respondents to stop the illegal and un-authorized construction being put up in the schedule property in contravention of the Building Bye-laws.
2. During the pendency of the proceedings, learned counsel for the respondent-Bhruhath Bangalore Mahanagara Palike (BBMP) submits that notice is issued under Section 248(1) with provisional order passed and further notice under Section 248(2) of the BBMP Act, 2020 has been issued. It is also submitted that further action would be taken after perusing the reply of the property owner.
3. In light of the proceedings initiated by the respondent-BBMP in terms of the provisional order under section 248(1) and further proceedings under section 248(2), the present writ petition is disposed of while making it clear with the respondent-BBMP is to take the proceedings to logical conclusion within a period not later then three months from today.
4. All contentions are kept open.
5. Accordingly, the writ petition stands disposed of.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE HR