IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2342 OF 2026 (LB-BMP)

BETWEEN:

1. SRI. SRINIVASA, S/O T.RAMAPPA, AGED ABOUT 56 YEARS

2. SMT. ARATHI.J.S, W/O SRINIVASA, AGED ABOUT 50 YEARS BOTH ARE R/AT NO.36, 7TH CROSS, UAS LAYOUT, 2ND STAGE, BENGALURU- 560094 …PETITIONERS (BY SRI. ROOPESHA B., ADVOCATE)

AND:

1. THE CHIEF COMMISSIONER AND Digitally signed by SHWETHA APPELLATE TRIBUNAL, RAGHAVEN DRA THE GREATER BENGALURU AUTHORITY, Location: HIGH HUDSON CIRCLE, N.R.SQUARE, COURT OF KARNATAKA BENGALURU- 560 002 2. THE ASSISTANT EXECUTIVE ENGINEER, HBR LAYOUT SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 094

3. THE ASSISTANT ENGINEER, OFFICE OF HBR LAYOUT SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 094 …RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR R1 TO R3)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 09.12.2025 PASSED BY THE R-1 IN DISMISSING THE APPEAL NO. 31/2025 VIDE ANNX-H AND IN CONFIRMING THE ORDER DTD. 28.10.2024 PASSED BY THE R-2 IN NO. SAKANIA/HBR/VASAM- 77/CO/26/24-25 UNDER SECTION 248(3) OF THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020 VIDE ANNX-F.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Sri. Bathe Gowda K.V., learned counsel is directed to accept notice for respondent Nos.1 to 3.

2. Petitioners are before this Court seeking for the following reliefs:

(a) Issue a writ or order by way of certiorari quashing the order dated 09.12.2025 passed bye 1^st respondent in dismissing the appeal No.31/2025 vide Annexure-H and in confirming the order dated 28.10.2024 passed by the respondent No.2 in No. ¸ÀPÁ¤C/ºÉZï ©Dgï/ªÁ¸ÀA-77/¹.N/26/24-25 kannada under Section 248(3) of the Bruhat Bengaluru Mahangara Palike Act, 202 vide Annexure-F.

(b) Grant such other relief or relief's as this Hon'ble court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity.

3. The grievance of the petitioners is that the notices under Subsection (1) and (2) of Section 248 and the confirmatory order under Subsection (3) of Section 248 of the Bruhath Bangaluru Managar Palike Act, 2020 (for short, 'BBMP ACT, 2020') had been issued to the former owner of the property on 16.10.2024.

4. Though the petitioners had purchased the said property on 17.06.2022 and the Khata had been changed in the name of the petitioners, even if there were to be a violation of any sanction plan or deviation from the building bye-laws, it is required for the current owner to be issued notice before any action is taken. Notice issued to a former owner does not satisfy the stringent requirement of Section 248 of the BBMP Act, 2020. In that view of the matter, I pass the following:

ORDER

i) Writ petition is allowed ii) A Certiorari is issued, the order dated 09.12.2025 and 28.10.2024 at Annexures-H and F, respectively, are quashed.

iii) Liberty is reserved to the respondents to issue a fresh notice to the petitioners detailing out the violations, which have been made after carrying out the inspection of the property in the presence of the petitioners.

SD/-

(SURAJ GOVINDARAJ)

JUDGE GJM List No.: 2 Sl No.: 4