The Commissioner Vs Sri Madesh N — Writ and Judicial Review | Karnataka HC (2026)

The Commissioner Vs Sri Madesh N — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Recall of the direction on payment of costs contained in the order dated 18.04.2022 in W.P. No. 6099 of 2022 (LB-BBMP); the review petitioners are relieved of the cost direction.

Issue for consideration

Whether the orders dated 18.04.2022 in W.P. No. 6099 of 2022 (LB-BBMP) should be reviewed and set aside insofar as they imposed a cost of Rs. 50,000/- each, in view of the work undertaken after that order to open the drain built by respondent Nos. 4 to 6 and ensure free flow of storm water.

Court's answer

The Court is persuaded to dispose of the review petition by recalling the order dated 18.04.2022 on costs; the review petition stands disposed of, recalling the direction on payment of costs.

Ratio / Principle

The ground for recalling the cost direction is that the petitioners (BBMP officials) have, after the order dated 18.04.2022, taken action to clear the drain constructed by the fourth to sixth respondents, thereby opening the drain and ensuring free flow of storm water.

Detailed headnote1 paragraphs

Single-Judge oral order of the High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice B M Shyam Prasad, dated 11 June 2026 as printed) disposing of Review Petition No. 592 of 2022, filed under Section 114 read with 'Order SLVII Rule 1' of CPC (as printed) and Article 226 of the Constitution of India by the Commissioner, Chief Engineer, Executive Engineer and Assistant Executive Engineer of Bruhat Bengaluru Mahanagara Palike. The review targeted the orders dated 18.04.2022 in W.P. No. 6099 of 2022 (LB-BBMP) insofar as they imposed a cost of Rs. 50,000/- each. The underlying writ petition had been disposed of on 18.04.2022 directing the Commissioner, BBMP (first respondent therein) to pay a cost of Rs. 50,000/- to the first to third respondents (petitioners therein), while observing that it would be open to the Commissioner to recover the amount from the erring officials in accordance with law. Counsel drew the Court's attention to work undertaken after 18.04.2022 to open the drain and ensure free flow of storm water; finding that the petitioners had taken action to clear the drain constructed by respondent Nos. 4 to 6, the Court recalled the order dated 18.04.2022 on costs. The review petition accordingly stands disposed of, recalling the direction on payment of costs. Respondent Nos. 1-3 were represented by Sri G. M. Hemanth Kumar; notice to respondent Nos. 4-6 was recorded as discharged vide order dated 05.09.2022. No precedent is cited or engaged with.

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NC: 2026:KHC:28317 RP No. 592 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JUNE 2026

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

REVIEW PETITION NO. 592 OF 2022

BETWEEN:

THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICES N R SQUARE

BENGALURU-560002.

THE CHIEF ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE

BENGALURU-560002.

Digitally signed by VANAMALA N

Location: HIGH COURT OF KARNATAKA

THE EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE UPPARPET BBMP BUILDING BENGALURU-560009.

THE ASST EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE GANDHI NAGAR WARD GOOD-SHED ROAD BENGALURU-560009.

…PETITIONERS

(BY SRI. JAGADEESWARA N R.,ADVOCATE)

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NC: 2026:KHC:28317 RP No. 592 of 2022

HC-KAR

AND:

SRI MADESH N

S/O LATE NAGARAJ AGED 50 YEARS NO.8, I FLOOR, 3RD CROSS, MAYURA BUILDING, CHAMARAJPET, BENGALURU-560018.

SRI G R GOPINATH S/O LATE REVANNA AGED 52 YEARS NO.46/2 BINNYMILL ROAD COTTONPET CROSS BENGALURU-560053.

SRI S L RAJESH S/O LATE LAKSHMINARAYANA AGED 52 YEARS NO.8/1 7TH CROSS SANTHUSAPET BENGALURU-560053.

ARIHANT DEVELOPERS REPRESENTED BY ITS PARTNER RAJENDRA KUMAR JAIN PID NO.27-13-213 SESHADRIPURAM MAIN ROAD BENGALURU-560020.

G S VISHWAS AGED 56 YEARS PID NO.27-13-214 SESHADRIPURAM MAIN ROAD

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NC: 2026:KHC:28317 RP No. 592 of 2022

HC-KAR

BENGALURU-560020.

NANDA H V

AGED 55 YEARS PID NO.27-13-214 SESHADRIPURAM MAIN ROAD BENGALURU-560020.

…RESPONDENTS

(BY SRI. G. M. HEMANTH KUMAR, ADVOCATE FOR R1 TO R3;

V/O DTD 05.09.2022 NOTICE TO R4 TO R6 D/W)

THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER SLVII RULE 1 OF CPC R/W ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO REVIEW THE ORDERS DATED 18.04.2022 PASSED BY THIS HONBLE COURT IN W.P NO. 6099 OF 2022 (LB-BBMP), AND SET ASIDE THE SAME IN SO FAR AS IMPOSING THE COST OF RS. 50,000/- EACH.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2026:KHC:28317 RP No. 592 of 2022

HC-KAR

ORAL ORDER

This Court has disposed of the petition in W.P.No.6099/2022 on 18.04.2022 directing the Commissioner, Bruhat Bengaluru Mahanagara Palike [ the first respondent therein ] to pay a cost of Rs.50,000/- to the first to third respondents [ the petitioners therein ] observing that it would be open to the Commissioner, Bruhat Bengaluru Mahanagara Palike to recover the amount from the erring officials in accordance with law.

The learned counsel for the petitioners invites this Court's attention to the work undertaken after this Court's order dated 18.04.2022 to open the drain and ensure free flow of storm water. This Court is persuaded to dispose of the review petition recalling the order dated 18.04.2022 on costs because the petitioners have taken action to clear the drain constructed by the fourth to sixth respondents herein.

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NC: 2026:KHC:28317 RP No. 592 of 2022

HC-KAR

The review petition stands disposed of recalling

the direction on payment of costs.

Sd/(B M SHYAM PRASAD) JUDGE

RB