##PAGE1##

- 1 -

NC: 2026:KHC:16463 WP No. 9169 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO. 9169 OF 2026 (LB-BMP)

BETWEEN:

1. SRI. K.NAGARAJU AGED ABOUT 66 YEARS

S/O LATE N. KRISHNAPPA R/AT NO.225, 8^TH MAIN

3^RD STAGE, BEML LAYOUT RAJARAJESHWARI NAGAR

BENGALURU-560 098.

2. SRI. N. SUNIL KUMAR AGED ABOUT 43 YEARS S/O SRI. K. NAGARAJU R/AT NO.225, 8^TH MAIN

Digitally 3^RD STAGE, BEML LAYOUT signed by RAJARAJESHWARI NAGAR GEETHA P G

Location: BENGALURU-560 098 HIGH COURT OF

KARNATAKA 3. SRI. N. RAKESH AGED ABOUT 38 YEARS S/O SRI. K. NAGARAJU R/AT NO.225, 8^TH MAIN

3^RD STAGE, BEML LAYOUT RAJARAJESHWARI NAGAR

BENGALURU-560 098.

…PETITIONERS (BY SRI. VINAYA KUMAR N.D., ADVOCATE)

##PAGE2##

- 2 -

NC: 2026:KHC:16463 WP No. 9169 of 2026

HC-KAR AND:

1. THE CHIEF COMMISSIONER EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)

PRESENTLY GREATER BENGALURU AUTHORITY (GBA) OFFICE AT HUDSON CIRCLE (CORPORATION CIRCLE)

N.R. SQUARE, BENGALURU-560 002.

2. THE ASSISTANT EXECUTIVE ENGINEER EARLIER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)

PRESENTLY GREATER BENGALURU AUTHORITY (GBA)

OFFICE AT GALI ANJANEYA SWAMY TEMPLE SUB-DIVISION, BENGALURU-560 040.

…RESPONDENTS

(BY SRI. PAWAN KUMAR, ADVOCATE)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER DATED 04.05.2024 PASSED IN APPEAL NO.130/2023 BY THE 1^ST RESPONDENT PRODUCED AS

ANNEXURE-A AND ETC.

THIS PETITION COMING ON FOR ORDERS, THROUGH

PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER:

##PAGE3##

- 3 -

NC: 2026:KHC:16463 WP No. 9169 of 2026

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. The case of the petitioners is that, their site measures 2,382 sq.ft. However while seeking a plan sanction by mistake they have mentioned it as 1,795 sq.ft. and a plan has been sanctioned to them by taking into consideration the sital area as 1,795 sq.ft. The petitioners admit that they have constructed a building which is beyond the plan sanctioned. However, they submit that the construction is not in violation of building bye-laws and given the site dimension and also the amendments that have taken place with regard to the relaxation in set back area, the entire construction of the petitioners can be saved. However, they submit that the impugned orders have been passed taking into consideration only the plan. Hence, they pray that an opportunity be given to the petitioners to submit a modified plan. They further undertake that if it is decided by the authorities concerned that even according to the present building bye-laws and taking into consideration the sital area as 2,382 sq.ft. that petitioners have

##PAGE4##

- 4 -

NC: 2026:KHC:16463 WP No. 9169 of 2026

HC-KAR

put up any additional constructions, they are willing to remove

the same.

2. Learned counsel for the respondents have no objection

for the same.

3. Hence, the following:

ORDER

1. The petitioners shall submit the necessary

application for grant of sanction plan for the building being constructed (modified plan) by them within a period of three weeks from

today;

2. If such an application is made within three

weeks from today, respondents shall consider the same in accordance with law and pass

appropriate orders;

3. Thereafter, any construction made by the

petitioners in violation of the decision taken by

respondents, shall be removed;

##PAGE5##

- 5 -

NC: 2026:KHC:16463 WP No. 9169 of 2026

HC-KAR

4. The petitioners shall not put up any further

construction on the property till a decision is

taken by respondents in this regard;

5. The writ petition stands disposed of

accordingly.

Pending interlocutory applications, if any, stand disposed

of.

Sd/-

(M.I.ARUN)

JUDGE

PGG List No.: 1 Sl No.: 9

Click Here to Read the rest of this document