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NC: 2026:KHC:18401 WP No. 21527 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

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

WRIT PETITION NO. 21527 OF 2022 (LB-BMP)

BETWEEN:

SRI M NAGARAJU S/O LATE C. MARIYAPPA AGED ABOUT 60 YEARS

R/A NO.16 AND 17, ULLAL, VISHVESHWARAIAH LAYOUT

SY.NO.2/1, 6^TH BLOCK BANGALORE - 560 056

…PETITIONER (BY SRI. K V NARASIMHAN, ADVOCATE)

AND:

1. BRUHATH BANGALORE MAHANAGARA PALIKE Di gitally BY ITS CHIEF COMMISSIONER signed by

GEETHA P G N R SQUARE Location: BANGALORE - 560 001 HIGH

COURT OF KARNATAKA

2. ZONAL COMMISSIONER RAJARAJESHWARI NAGAR ZONE

RAJARAJESHWARI NAGAR BANGALORE - 560 098

3. THE ASSISTANT EXECUTIVE ENGINEER KENGERI SUB-DIVISION BBMP, NO.9, 2^ND FLOOR

THIBBADEVI COMPLEX

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NC: 2026:KHC:18401 WP No. 21527 of 2022

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OUTER RING ROAD KENGERI SATELLITE TOWN

KENGERI, BANGALORE - 560 060 …RESPONDENTS

(BY SRI.BHANUPRAKASH V.G., ADVOCATE FOR R1 TO R3 (VC))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL ORDER ISSUED BY THE RESPONDENT NO.3 DATED 16.04.2022 VIDE ANNEXURE-D, THE CONFIRMATION ORDER ISSUED BY THE RESPONDENT NO.3 DATED 26.04.2022 VIDE ANNEXURE-G AND THE ORDER VIDE ANNEXURE-J DATED 03.09.2022 PASSED BY THE

RESPONDENT NO.1 IN APPEAL NO.137/2022 AND ETC.

THIS PETITION, COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioner has put up construction on the

property which is the subject matter of the writ petition. On the allegation that the same has been constructed in violation of the building bye-laws and the sanctioned plan, the respondent authorities have initiated proceedings

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against the petitioner and orders have been passed by respondent No.3 for demolition of the entire building. Aggrieved by the same, he has preferred an appeal before respondent No.2 who has also dismissed the same.

Aggrieved by the same, the present writ petition is filed.

2. The case of the petitioner is that he had taken

necessary permissions to construct the building when the property came under the Panchayat and presently, it is with the Greater Bengaluru Authority (for short, 'the GBA'). It is also submitted that the impugned orders do not mention the amount of deviations. He also submits that presently, amendments have taken place to the building bye-laws wherein much of the construction put up by the petitioner can be saved if permission is granted to the petitioner to make necessary application to the GBA

for regularization of the construction.

3. The learned counsel appearing for the

respondents though vehemently justifies the impugned orders, candidly admits that they do not mention the exact

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deviations constructed by the petitioner. It is also submitted that subsequent to passing of the impugned orders there have been amendments to the building bye- laws because of which substantial construction put up by

the petitioner can be saved. Hence, the following:

ORDER

i. The Writ Petition is hereby disposed of.

ii. The petitioner is given four (04) weeks time

from today to apply for a modified plan

sanction.

iii. If such an application is made within a period

of four (04) weeks, the respondents are directed to consider the request of the petitioner and pass appropriate orders thereafter within a period of two (02) months.

iv. The respondents shall not initiate any coercive

steps against the petitioner until appropriate

orders, as referred to above, are passed.

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v. In the light of the aforementioned orders, the

impugned orders shall not be given effect to

by the respondents.

vi. Pending I.As., if any, stand disposed of.

Sd/-

(M.I.ARUN)

JUDGE

CH List No.: 1 Sl No.: 27

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