Smt T Zeenath Begum Vs the Commissioner — Company and Corporate | Karnataka HC (2026)

Smt T Zeenath Begum Vs the Commissioner — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Liberty to petitioner in W.P.No.22357/2025 to apply (within three weeks) for conversion of 'B' Khata into 'A' Khata and for a sanctioned plan; authorities to consider such applications in accordance with law and pass appropriate orders; interim bar on precipitative action against that petitioner and on additional construction; hearing to be afforded to the petitioner in W.P.No.11306/2025 before any order is passed. Neither petition was adjudicated on merits; the confirmation order under Sections 248(3)/356(1) BBMP Act 2020 was not quashed.

Issue for consideration

Whether respondent Nos.1 to 4 should be directed to take appropriate action in accordance with law to remove the construction built without plan and licence in the schedule property. +2 more

Court's answer

The petitioner in W.P.No.22357/2025 is granted liberty to make necessary application for change of 'B' Khata into 'A' Khata before the concerned authorities in accordance with law.

Ratio / Principle

The petitioner in W.P.No.22357/2025 is granted liberty to apply for a sanctioned plan with the concerned authorities, and this exercise shall be done within a period of three (03) weeks from the date of the order.

Key takeaways

If the applications are made by the petitioner in W.P.No.22357/2025, the authorities concerned shall consider the same in accordance with law and pass appropriate orders.ratio¶86
Till a decision is taken on the applications made by the petitioner in W.P.No.22357/2025, no precipitative action shall be taken against that petitioner, and that petitioner will also not put up any additional construction on the property concerned.ratio¶90
The respondent BBMP/GBA shall afford an opportunity of hearing to the petitioner in W.P.No.11306/2025 (the complainant) before passing any order on the applications to be made by the petitioner in W.P.No.22357/2025.

Detailed headnote1 paragraphs

High Court of Karnataka (M.I. Arun, J.) disposed of two clubbed writ petitions concerning unauthorized construction in BBMP East Zone limits. W.P.No.11306/2025, filed by Smt. T. Zeenath Begum (through power of attorney holder) after a complaint to the Greater Bengaluru Authority went unacted upon, sought removal of construction built without plan and licence and action against erring BBMP officials. W.P.No.22357/2025, filed by M/s. Farida Shoes Limited, challenged the confirmation order dated 30.06.2025 (No. ZC/E/CO/15/25-26) passed by the Zonal Commissioner, East Zone, under Sections 248(3) and 356(1) of the BBMP Act 2020. BBMP/GBA informed the Court that, pursuant to the first petition, notices had been issued and action initiated against the builder, rendering W.P.No.11306/2025 infructuous. On consent, the Court granted the builder liberty to apply within three weeks for conversion of 'B' Khata to 'A' Khata and for a sanctioned plan, directed the authorities to decide such applications in accordance with law, restrained precipitative action and further construction meanwhile, and required that the complainant be heard before any order is passed. Both petitions and pending I.As. were disposed of; no merits adjudication or precedent was cited.

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NC: 2026:KHC:16571 WP No. 11306 of 2025 C/W WP No. 22357 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11306 OF 2025 (LB-BMP)

C/W

WRIT PETITION NO. 22357 OF 2025 (LB-BMP)

IN WP No. 11306/2025

BETWEEN:

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

SMT.T.ZEENATH BEGUM W/O K. ABDUL WADOOD AGED ABOUT 74 YEARS RESIDING AT, NO.786, OASI STREET KHADER PET, VYANAMDADI, TAMIL NADU PRESENTLY RESIDING AT NO.39, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI- 600006

REPRESENTED BY HER POWER OF ATTORNEYS

1.MR. KHAMAR BASHA S/O LATE PYARUSAB AGED ABOUT 51 YEARS RESIDING AT NO. 131, 1^ST CROSS, ANWAR LAYOUT, K. G. HALLI, BENGALURU- 560 045. …PETITIONER

(BY SRI. RAMESHCHANDRA., ADVOCATE)

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AND:

THE COMMISSIONER BBMP, N.R.ROAD, BENGALURU - 560 002

EXECUTIVE ENGINEER, H.B.R DIVISION, BBMP, 5^TH MAIN ROAD, 3^RD BLOCK, HBR LAYOUT, BENGALURU- 560 043

THE ASSISTANT EXECUTIVE ENGINEER H.B.R DIVISION, BBMP, 5^TH MAIN ROAD, 3^RD BLOCK, HBR LAYOUT, BENGALURU - 560 043

THE ASSISTANT DIRECTOR OF TOWN PLANNING (EAST), BBMP, 22^ND FLOOR, UTILITY BUILDING, M.G.ROAD, BENGALURU- 560 001

SRI ASHFAQUE AHMED S/O M.RAFEEQUE AHMED, AGED ABOUT 45 YEARS, R/AT NO. 151/4, MOUNT, POONAMALLE ROAD, RAMAPURAM CHENNAI- 600089

M/S. FARIDA SHOE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.151/4, MOUNRPOONAMALLE ROAD,

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RAMPURAM, CHENNAI- 600089, REP. BY ITS DIRECTOR ASHFAQUE AHMED, S/O M. RAFEEQUE AHMED AGED ABOUT 38 YEARS, R/AT NO.151/4, MOUNT POONAMALLE ROAD, RAMAPURAM, CHENNAI- 600 089.

…RESPONDENTS

(BY SRI. B V MURALIDHAR.,ADVOCATE FOR R1 TO R4; SANJAY KUMAR A, ADVOCATE FOR R5; MAHESH A S., ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE RESPONDENT NOS.1 TO 4 TAKE APPROPRIATE ACTION IN ACCORDANCE WITH LAW AND NECESSARY ACTION BE TAKEN TO REMOVE THE CONSTRUCTION BUILT WITHOUT PLAN AND LICENSE IN THE SCHEDULE PROPERTY AND ETC.,

IN WP NO. 22357/2025

BETWEEN:

M/S. FARIDA SHOES LIMITED A REGISTERED COMPANY UNDER THE COMPANIES ACT, 1956 HAVING IT'S OFFICE AT NO. 151/4, MOUNT POONAMALLE ROAD, RAMAPURAM, CHENNAI- 600089 BRANCH AT NO.919/388, 693/A-0(6) 9^TH CROSS, UMAR NAGAR, GOVINDAPURA, BANGALORE- 560045

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REPRESENTED BY IT'S DIRECTOR, ISRAR AHMED S/O RAFEEQUE AHMED, AGED ABOUT 53 YEARS

...PETITIONER

(BY SRI. MAHESH ARKALGUD., ADVOCATE)

AND:

THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, HUDSON CIRCLE, BENGALURU- 560001.

THE ZONAL COMMISSIONER EAST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, HUDSON CIRCLE.

THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, GOVINDAPURA, HBR LAYOUT SUB-DIVISION, NAGARWARA, BENGALURU- 560045.

THE ASSISTANT DIRECTOR OF TOWN PLANNING EAST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU- 560045

...RESPONDENTS

(BY SRI. VAIBHAV RAVI MALIMATH.,

ADVOCATE FOR R1 TO R4;)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONFIRMATION ORDER DATED 30.06.2025

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BEARING NO ZC/E/CO/15/25-26 PASSED BY THE ZONAL COMMISSIONER EAST ZONE BBMP BENGALURU /R-2 UNDER SECTION 248(3) AND 356(1) OF THE BBMP ACT 2020 VIDE ANNEXURE-A AND ETC.,

THESE PETITIONS, COMING ON FOR ORDERS THORUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The lis pertains to illegal and unauthorized construction being put up by the petitioner in W.P.No.22357/2025. In this regard, a complaint has been made before the Greater Bengaluru Authority (for short, 'the GBA') by the petitioner in W.P.No.11306/2025. As no action was initiated against the petitioner in W.P.No.22357/2025, W.P.No.11306/2025 came to be filed with the following prayers:

"i) Direct the respondent No.1 to 4 to take appropriate action in accordance with law and necessary action be taken to remove the construction,

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built without plan and licence in the schedule property.

ii) Proper action may kindly be initiated against the erring officials/Commissioner/ Executive engineer and engineer in permitting to construct the building in violation of the building bye laws.

iii) Award court costs and such other reliefs as the Hon'ble Court deems fit to grant in the interest of justice."

In the meanwhile, W.P.No.22357/2025 came to

be filed with the following prayers:

"i. Issue a Writ of Certiorari or any writ of like nature to quash the confirmation order dated 30.06.2025 bearing No. ZC/E/CO/15/25- 26 passed by the Zonal Commissioner, East Zone, BBMP,

Bengaluru/Respondent No.2 under section 248(3) and 356(1) of the BBMP Act, 2020 vide Annexure A

ii. Pass any such other Orders as this Hon'ble Court Deems fit under the facts and Circumstances of the case"

The learned counsel appearing for the

respondent - Bruhat Bengaluru Mahanagara Palike (For short, 'the BBMP') now the Greater Bengaluru Authority

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(for short, 'the GBA'), upon instructions, submits that

pursuant to filing of W.P.No.11306/2025, notices have been issued to the petitioner in W.P.No.22357/2025 and action has been initiated for illegal construction of the building on the said property and because of which, W.P.No.11306/2025 has become infructuous.

Insofar as it relates to W.P.No.22357/2025, the petitioner contends that the property in question is a 'B' Khata property. He further submits that, though the building has been constructed without obtaining the necessary sanctioned plan, the construction is not in violation of the building bye-laws. He further submits that

he may be granted liberty to make the necessary application before the concerned authorities for change of the 'B' Khata into 'A' Khata. He also prays that he may be

permitted to seek a sanctioned plan in accordance with the existing laws and as per the said sanctioned plan, if it is

found that the construction put up is in violation of the same, he is willing to have the same demolished.

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The learned counsel for the respondent - BBMP

/ GBA is agreeable for the same.

Hence, the following:

ORDER

i. The petitioner in W.P.No.22357/2025 is granted liberty to make necessary application for change of 'B' Khata into 'A' Khata before the concerned authorities in accordance with law.

ii. He is also granted liberty to apply for a sanctioned plan with the concerned authorities. The said exercise shall be done within a period of three (03) weeks from today.

iii. If the aforementioned applications are made by the petitioner in W.P.No.22357/2025, then in that event, the authorities concerned shall consider the same in accordance with law and pass appropriate orders.

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iv. Till such a decision is taken on the applications

made by the petitioner in W.P.No.22357/2025, no precipitative action shall be taken against the petitioner in W.P.No.22357/2025 and the said petitioner will also not to put up any additional construction on the property concerned.

v. The respondent - BBMP / GBA will also afford an opportunity of hearing to the petitioner in W.P.No.11306/2025 before passing any order on

the applications to be made by the petitioner in W.P.No.22357/2025.

vi. Accordingly, the Writ Petitions are hereby disposed of.

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

Sd/(M.I.ARUN) JUDGE

CH

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