Professor Dr. Dhirendra v. Kubair Vs Bruhat Bengaluru Mahanagara Palike (Bbmp) — Karnataka HC (2025) — LawSathi Research

Professor Dr. Dhirendra v. Kubair Vs Bruhat Bengaluru Mahanagara Palike (Bbmp) — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the building raised on the property in question (No. 81, 4th main road, Mahaleshwaram, Bangalore) is illegal and is required to be subjected to further action — pending consideration before the appellate authority (Chief Commissioner, BBMP, Appeal No.253/2024). +1 more

Ratio / Principle

The Court was not persuaded that the learned Single Judge's order dated 14.08.2025 in Writ Petition No.9181/2025 required any interference, and accordingly dismissed the writ appeal.

Key takeaways

Since the question whether the building is illegal remained pending before the appellate authority, the Division Bench upheld the learned Single Judge's decision not to issue directions for disconnection of utilities as sought for by the appellants.ratio¶4

Detailed headnote1 paragraphs

W.A. No. 1700 of 2025 (LB-BMP) — High Court of Karnataka, Bengaluru (Division Bench: Vibhu Bakhru, Chief Justice and C.M. Poonacha, J.) — Oral judgment dated 27.10.2025 delivered per the Chief Justice — Appeal DISMISSED. Appellants (occupiers of the adjacent building, appearing party-in-person) had prayed for directions to BBMP, BESCOM and BWSSB functionaries to disconnect electricity, water and sewerage connections to a building on property bearing No. 81, 4th main road, Mahaleshwaram, alleging that the construction was raised without the necessary permissions. The learned Single Judge (order dated 14.08.2025 in W.P. No.9181/2025), finding that BBMP had initiated necessary action and that the respondents' Appeal No.253/2024 was pending before the Chief Commissioner, disposed of the writ petition by directing expeditious disposal of that appeal, continuing the interim order in connected W.P. No.20614/2024 and requiring the petitioners (including these appellants) to be heard, while declining to order disconnection of utilities. The Division Bench held that the Single Judge's order required no interference and dismissed the appeal. Filed under Section 4 of the Karnataka High Court Act.

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NC: 2025:KHC:42502-DB WA No. 1700 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1700 OF 2025 (LB-BMP)

BETWEEN:

PROFESSOR DR. DHIRENDRA V. KUBAIR S/O LATE PROFESSOR DR. V.G. KUBAIR AGED ABOUT 54 YEARS

81/1 PROFESSOR V.G.KUBAIR APARTMENTS

4TH MAIN ROAD, MALLESHWARAM BENGALURU 560003 CELLULAR PH: 82776-44621 EMAIL [email protected]

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

MRS. BHAGYASHREE KUBAIR W/O PROFESSOR DR. DHIRENDRA V. KUBAIR AGED ABOUT 49 YEARS 81/1 PROFESSOR V.G. KUBAIR'S APARTMENTS, 4TH MAIN ROAD MALLESHWARAM BENGALURU 560003 CELLULAR PH 82775-62621 EMAIL [email protected]

...APPELLANTS

(BY SRI. DR DHIRENDRA V KUBAIR, PARTY-IN-PERSON)

AND:

BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)

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NC: 2025:KHC:42502-DB WA No. 1700 of 2025

HC-KAR

REPRESENTED BY ITS CHIEF COMMISSIONER NO. 1, N.R. SQUARE, RANI KITTOOR CHENNAMMA CIRCLE, HUDSON CIRCLE, BENGALURU-560001

THE ZONAL COMMISSIONER WEST BBMP SAMPIGE ROAD OPP. MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM BENGALURU-560020

THE ASSISTANT DIRECTOR OF TOWN PLANNING BBMP SAMPIGE ROAD OPP MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM BENGALURU-560020

THE ASSISTANT EXECUTIVE ENGINEER BBMP MALLESHWARAM SUB-DIVISION 11TH CROSS EAST PARK ROAD MALLESHWARAM BENGALURU-560003

THE ASSISTANT EXECUTIVE ENGINEER BESCOM C-2 SUB-DIVISION, BESCOM 13TH CROSS MALLESHWARAM BENGALURU-560003

THE ASSISTANT EXECUTIVE ENGINEER BWSSB NO. 1 NORTH EAST SUB-DIVISION 18TH CROSS MALLESHWARAM BENGALURU-560003

MR. VINAY KRISHNA H.V. S/O LATE H.V. NANDAKUMAR AGED ABOUT 36 YEARS NO. 81, 4TH MAIN ROAD MALLESHWARAM,

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NC: 2025:KHC:42502-DB WA No. 1700 of 2025

HC-KAR

BENGALURU 560003

…RESPONDENTS

(BY SMT. RAMYA HIRIYEN, ADVOCATE FOR SRI. KARTHIKEYAN B S, ADVOCATE FOR R1 TO R4)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE SINGLE JUDGE ORDER IN WP No. 9181/2025 (LB-BMP) DATED 14.08.2025 AND ADJUDICATE THE WP 9181/2025 ON THE FACTS OF THE CASE AND ETC.

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

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The appellants have filed the present appeal impugning an order dated 14.08.2025 passed by the learned Single Judge in Writ Petition No.9181/2025. The appellants had filed the said petition, inter alia praying that directions be issued to respondent Nos.1 to 6 to disconnect the utilities [electricity, water and sewerage connection] to a building built on property bearing No. 81, P.I.D. No.7-3-81 situated on 4^th main road between 13^th and 15^th cross, Mahaleshwaram, Bangalore-560003.

4 - NC: 2025:KHC:42502-DB WA No. 1700 of 2025

HC-KAR

The appellants states that they resides in an adjacent building. The appellants allege that the construction raised on the aforementioned property is illegal in as much as it has been raised without obtaining the necessary permissions. In the aforesaid circumstances, the appellants sought orders for disconnection of the utilities to the premises in question.

Learned Single Judge had found that the Bruhat Bengaluru Mahanagar Palike [hereinafter referred to as 'BBMP' ] had initiated the necessary action in respect to the property in question. However, the respondents had preferred an appeal before the Chief Commissioner [Appeal No.253/2024] which was pending consideration. In the aforesaid circumstances, the learned Single Judge had disposed of the writ petition with a direction to the Chief Commissioner, BBMP [Appellate Authority] to dispose of the said appeal being Appeal No 253/2024 as expeditiously as possible and also continued the interim order passed in the connected petition [W.P. No.20614/2024]. Additionally, the learned Single Judge had also issued directions to the appellate authority to hear the petitioners in the said petitions [W.P. No. 20614/ 2025 and W.P. No.9181/2025] which included the appellants as well.

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NC: 2025:KHC:42502-DB WA No. 1700 of 2025

HC-KAR

The issue whether the building raised in question is illegal and is required to be subjected to further action is pending consideration before the appellate authority. In the aforesaid view the learned Single Judge did not find it apposite to issue any directions for disconnection of utilities as sought for by the appellants.

We are not persuaded to accept that the said order requires any interference in the present appeal. Appeal is accordingly dismissed.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

BS

List No.: 1 Sl No.: 32