IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 47885 OF 2017 (LB-BMP)

BETWEEN:

1. SRI.A.S.GANESH

S/O LATE SIDDAPPA SHETTY,

AGED ABOUT 61 YEARS

2. AKSHATHA GANESH

D/O SRI A S GANESH &

LATE SMT SUPREETHA GANESH,

AGED ABOUT 25 YEARS 3. ARPITHA GANESH D/O SRI A S GANESH &

LATE SMT SUPREETHA GANESH,

AGED ABOUT 25 YEARS

ALL ARE R/AT NO.272/14,

AKKAMAHADEVI TEMPLE ROAD,

BASAVESHWARA BLOCK,K.R.NAGAR,

Digitally signed MYSURU-571 602

by SHWETHA

RAGHAVENDRA

…PETITIONERS Location: HIGH

(BY SRI. PRASANNA V R.,ADVOCATE)

COURT OF

KARNATAKA

AND:

1. THE BRUHATH BENGALURU MAHANAGARA PALIKE

REP BY ITS COMMISSIONER,

BENGALURU CITY,

BENGALURU-560 001.

2. THE ASSISTANT EXECUTIVE ENGINEER

KENGERI SUB-DIVISION,

BBMP, MYSURU ROAD,

KENGERI, BENGALURU-560 060

3. THE STATE OF KARNATAKA REP.BY ITS SECRETARY, DEPT.OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-560 001 …RESPONDENTS (BY SMT. CHANDII SINGH., HCGP FOR R3;

SRI. T.M. VENKATA REDDY., ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DTD 15.02.2017 IN APPEAL NO.273/2009 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU VIDE ANNX-A AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs;

i. Writ of Certiorari, quashing the order dated

15.02.2017 in Appeal No.272/2009 passed by the Karnataka Appellate Tribunal at Bengaluru, vide Annexure-A;

ii. Writ of Certiorari, quashing the Confirmation order dated 13.03.2009 in No.Sa.Ka.A/Kem.U.Vi/C.O./02/2008-09 issued under Section 321(2) of the Karnataka Municipal Corporation Act, 1976, confirming the Provisional Order dated 31.12.2008 in No.Sa.Ka A/Kem.U.Vi/P.O./03/2008-09, both issued by the 2^nd Respondent-Assistant Executive Engineer of BBMP, vide Annexure-B and C respectively.

iii. Any other writ or orders as this Hon’ble Court deems fit to meet the ends of justice.

2. The grievance of the petitioner was that the respondents had initiated proceedings under Section 321 of the Karnataka Municipal Corporation Act, 1976 and that they would demolish the construction put up by the petitioner on account of the fact that there is no plan sanction which had been obtained by the petitioner.

3. The Co-ordinate Bench of this Court vide its order dated 19.11.2025 had permitted the petitioner to submit a fresh plan for sanction as per the applicable building bylaws and directed the respondent to consider the same.

4. On enquiry today with the learned counsel for the petitioner as to whether an application for change of land use has been filed along with the said application, he submits that such application has not been filed because the property has been zoned for commercial purposes under the revised master plan.

5. Even if the property may be zoned for a particular purpose, the fact would remain that the property has not been converted and as such it would be required for the petitioner to make necessary application along with the plan sanction seeking conversion as also change of land use in conformity with the zoning regulations.

6. Learned counsel for the petitioner submits that such application would be filed within a period of three weeks from today i.e., on or before 29.01.2026.

7. In that view of the matter, I am of the considered opinion that grievance of the petitioner could be redressed by directing the respondent to consider the application for change of land use as also the application for grant of plan sanctions in terms of the applicable law and restrain the respondent from taking any action for demolition or otherwise until such application is considered. As such, I pass the following;

ORDER

i. The writ petition is partly-allowed.

ii. Petitioner is permitted to submit an application for change