IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1637 OF 2025 (LB-BMP)

BETWEEN:

M/S. VISHNU SRI BUILDERS AND DEVELOPERS A REGISTERED PARTNERSHIP FIRM, REGISTERED UNDER THE PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT NO.39, FLAT NO.4, NAGASHREE APARTMENT, 30^TH CROSS, 7^TH BLOCK, JAYANAGAR, BANGALORE - 560 082.

REPRESENTED BY ITS PARTNER SRI. SANDEEP ANAND, S/O LATE B.M ANAND, AGED ABOUT 44 YEARS.

…APPELLANT (BY SRI. P.S. RAJAGOPAL. SENIOR COUNSEL FOR SRI. SUDHAKAR G V., ADVOCATE)

Digitally signed by AND:

REKHA R Location:

High Court

1. THE COMMISSIONER of Karnataka BRUHAT BANGALORE MAHANAGARA PALIKE, N.R SQUARE, HUDSON CIRCLE, BANGALORE - 560 002.

2. JOINT DIRECTOR OF TOWN PLANNING, SOUTH ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BANGALORE - 560 002.

3. THE DIRECTOR GENERAL OF POLICE, COMMANDANT GENERAL, HOME GUARDS AND DIRECTOR OF CIVIL DEFENCE AND DIRECTOR GENERAL KARNATAKA STATE FIRE AND EMERGENCY SERVICES, OFFICE AT NO.1, ANNASWAMY MUDALIAR, K.G ROAD, BANGALORE - 560 009.

4. RAJASRI APARTMENT OWNERS ASSOCIATION, REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA APARTMENT OWNERSHIP ACT 1972 OFFICE AT RAJSRI APARTMENTS NO.413/251, KARNATAKA APARTMENT OWNERSHIP ACT, 1972, SRI. TRICHY SWAMY ROAD, HALAGEVADERAHALLI, RAJARAJESWARI NAGAR, BENGALURU - 560 098.

REPRESENTED BY ITS AUTHORISED SIGNATORY SRI.K. BHASKAR SASTRY.

5. SRI. AJAY PALIMARKAR NAYAK, S/O VASANTH NAYAK, AGED ABOUT 45 YEARS, RESIDING AT FLAT NO.B-905, RAJSRI APARTMENTS NO.413/251, SRI.TRICHY SWAMY ROAD, HALAGEVADERAHALLI, RAJARAJESWARI NAGAR, BENGALURU - 560 098. 6. SRI. ABHAY DESAI, S/O RAGHUNATH DESAI, AGED ABOUT 42 YEARS, RESIDING AT FLAT NO.A-201, RAJSRI APARTMENTS NO.413/251, SRI. TRICHY SWAMY ROAD, HALAGEVADERAHALLI, RAJARAJESWARI NAGAR, BENGALURU - 560 098.

…RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R3, SRI. MADHUKAR DESHPANDE, ADVOCATE FOR C/R4)

THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED:03.09.2025 PASSED IN WP NO.3076/2024(LB-BMP), BY THE LEARNED SINGLE JDUGE AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

Respondent No.3 in W.P.No.3076/2024 is in appeal before us under Section 4 of Karnataka High Court Act, 1961, challenging the order dated 03.09.2025 passed by the Writ Court.

2. The Writ Court under the impugned order, declared that the modified sanction plan at Annexure-H H1 and H2 would be kept in abeyance till the same is brought in conformity with the requirement of setback around the residential development Block A as noticed in the Fire NOC dated 19.04.2014. Further, till such rectification of plan is made, the respondent No.3 is restrained from putting up construction and respondent No.4 is directed to demolish the construction made in the setback area around Block A Wing B insofar as the development in Commercial Block-B.

3. Parties are referred to as per their rankings before the Writ Court.

4. Heard Sri.P.S.Rajagopal, learned Senior counsel appearing for Sri.Sudhakar.G.V, learned counsel for the appellant and Sri.M.N.Sudev Hegde, learned Additional Government Advocate for respondent No.3 and Sri.Madhukar Deshpande, learned counsel for Caveator-

respondent No.4.

5. The facts germane to filing of the present appeal are as under:

6. The petitioners who are the members of Rajsri Apartment Owners' Association filed the writ petition for the following reliefs:

"(a) Issue of a writ in the nature of certiorari or quash the Revised No Objection certificate bearing No.GBC(1)195/2013, Docket No.KSFES/NOC/059/2023 dated 13.06.2023, issued by the Respondent No.4 (Annexure-Q).

(b) Issue of a writ in the nature of certiorari or quash the modified sanction pl