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Sri. B S Nesara v. Bruhat Bengaluru Mahanagara Palike

Karnataka HC14 Nov 2025RP/270/2025

Case brief

AI extract

What is this about?

Review petition; Order 47 Rule 1 CPC; Section 114 CPC; Section 240(8) BBMP Act; Bruhat Bengaluru Mahanagara Palike; Occupancy Certificate dated 02.11.2022; condonation of delay; W.P.No.5146/2024; W.P.No.21686/2023; W.P.No.24119/2025; stipulation against further construction/occupation clarified; Karnataka High Court; B M Shyam Prasad J.; disposed with clarification.

What did the court decide?

Condonation of delay accepted; petition disposed of with clarifications that the restraint in the order dated 29.11.2024 operated only until consideration of the Section 240(8) BBMP Act application, and that the question of occupying the portion covered by the Occupancy Certificate dated 02.11.2022 falls to be decided by the authorities on reconsideration in terms of the order in W.P.No.24119/2025 [LB-BMP]. ¶43

Sri. B S Nesara Vs Bruhat Bengaluru Mahanagara Palike — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay in filing the review petition should be condoned. +1 more

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Court's answer

The application for condonation of delay in filing the review petition is accepted, and the petition is disposed of by way of clarification.

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Ratio / Principle

The stipulation in this Court's order dated 29.11.2024 barring further construction or permanent occupation of the constructed portion was specific to the period taken by the authorities to consider the petitioner's application under Section 240(8) of the BBMP Act; its efficacy extends only until such consideration.

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Key takeaways

After the consideration of the Section 240(8) application, whether the petitioner may occupy the portion covered under the Occupancy Certificate is a matter for the authorities, who must reconsider the petitioner's application in terms of this Court's order in W.P.No.24119/2025 [LB-BMP].ratio¶45

Detailed headnote1 paragraphs

Review Petition No. 270 of 2025 under Order 47 Rule 1 r/w Section 114 CPC praying to recall and review the order dated 29.11.2024 in W.P.No.5146/2024 (LB-BMP), by which the Court had disposed of that petition while allowing W.P.No.21686/2023 [LB-BMP], calling upon the Joint Director of Town Planning, BBMP South Zone to consider the petitioner's application under Section 240(8) of the BBMP Act and stipulating no further construction or occupation of the constructed portion pending such consideration. The petitioner's Section 240(8) application was considered on 29.07.2025 adversely to him, and in W.P.No.24119/2025 [LB-BMP] the Court directed the authorities to reconsider that decision in accordance with law. In the present petition the petitioner sought liberty to occupy the second floor covered by the Occupancy Certificate dated 02.11.2022. Held: delay in filing condoned; the stipulation in the order dated 29.11.2024 was specific to the period of consideration of the Section 240(8) application and its efficacy ended therewith; whether the petitioner may occupy the portion covered by the Occupancy Certificate is for the authorities to decide on reconsideration in terms of the order in W.P.No.24119/2025 [LB-BMP]. Petition disposed of accordingly.

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NC: 2025:KHC:46741 RP No. 270 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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REVIEW PETITION NO. 270 OF 2025

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BETWEEN:

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SRI. B S NESARA S/O. SRI. D.S. SHIVARAMA, AGED ABOUT 34 YEARS, R/AT. NO.194, MANDYA HOUSE, 7^TH MAIN ROAD, JAYANAGAR 4^TH BLOCK, NEAR JAYANAGAR POLICE STATION, BENGALURU 560011 REPRESENTED BY GPA HOLDER.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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SRI. GANGADHAR. S S/O. SONAPPA K, AGED ABOUT 41 YEARS, R/AT.NO.91/3,1^ST FLOOR, 1^ST MAIN NETHARI ROAD, 2^ND BLOCK, TYAGARAJ NAGAR, NEAR KEB QUARTERS, BENGALURU - 560028.

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…PETITIONER

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(BY SRI. P.N. MANMOHAN A/W SRI. NITYANAND M BHAT, ADVOCATE)

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NC: 2025:KHC:46741 RP No. 270 of 2025

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HC-KAR

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AND:

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BRUHAT BENGALURU MAHANAGARA PALIKE N.R SQUARE, CORPORATION CIRCLE, BENGALURU 560002 REPRESENTED BY ITS COMMISSIONER.

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ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE, 9^th CROSS, 9^th MAIN ROAD, 2^nd BLOCK, JAYANAGARA, BENGALURU 560011.

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…RESPONDENTS

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(BY SRI.PAWAN KUMAR., ADVOCATE)

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THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, PRAYING TO RECALL AND REVIEW THE ORDER DATED 29.11.2024 PASSED IN WRIT PETITION NO.5146/2024 (LB-BMP) PASSED BY THIS HONBLE COURT AND CONSEQUENTLY PERMIT THE PETITIONER TO USE AND OCCUPY THE CONSTRUCTED PORTION AS PER PLANT SANCTION.

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

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NC: 2025:KHC:46741 RP No. 270 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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This Court has disposed of the petition in W.P.No.5146/2024 [LB-BMP] while allowing another petition in W.P.No.21686/2023 [LB-BMP] on 29.11.2024. This Court in so disposing of these petitions has called upon the Joint Director of Town Planning, BBMP South Zone to consider the petitioner's application under Section 240(8) of the Bruhat Bangalore Mahanagara Palike Act, 2020 [for short, ' the BBMP Act' ] while stipulating, amongst others, that the petitioner, in terms of the undertaking filed, cannot put up any further construction or permit occupation of the constructed portion until there is due consideration of the application under Section 240(8) of the BBMP Act.

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Sri P.N.Manmohan, the learned counsel for

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the petitioner, arguing on why there must be a review of this Court's order dated 29.11.2024 submits that

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NC: 2025:KHC:46741 RP No. 270 of 2025

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HC-KAR

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the petitioner's application under Section 240(8) of the BBMP Act is considered on 29.07.2025 and the decision is as against the favourable consideration of such application but then this Court has intervened in the next writ petition in W.P.No.24119/2025 [LBBMP] directing the authorities to reconsider such decision in accordance with law. The learned counsel submits that there are certain typographical errors in the order disposing of the petition in W.P.No.24119/2025 [LB-BMP] in which an

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application is filed and pending.

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Crucially, Sri.P.N.Manmohan submits that

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this petitioner's request for indulgence in the present petition is limited to seek liberty to occupy the second floor of the construction which is covered by the Occupancy Certificate dated 02.11.2022. The question of condonation of delay in filing this review petition is considered in the light of the afore after hearing Sri Pawan Kumar, a learned standing

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NC: 2025:KHC:46741 RP No. 270 of 2025

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HC-KAR

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counsel for the BBMP, who accepts notice for the respondents. The petitioner has filed this application for limited purposes and in the light of the subsequent circumstances pleading certain difficulties. As such, the application for condonation of delay is accepted and the petition stands disposed of by this clarification in the peculiarities.

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[A] The stipulation in this Court's order dated 29.11.2024 that the petitioner shall not put up further construction or permanent occupation of the constructed portion is specific to the period taken by the authorities to consider the petitioner's application under Section 240(8) of the BBMP Act. As such, the efficacy of this stipulation must only be until such consideration.

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[B] After there is consideration as is now stated, the question whether the petitioner must occupy any constructive portion that is covered under the Occupancy Certificate is also a matter that

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NC: 2025:KHC:46741 RP No. 270 of 2025

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HC-KAR

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should be considered by the authorities who will have to reconsider the petitioner's application in the terms

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of this Court's order in the subsequent writ petition in W.P.No.24119/2025 [LB-BMP].

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Sd/(B M SHYAM PRASAD) JUDGE

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