Disposed¶46

Mr Iqbal v. Kthe Chief Commissioner

Karnataka HC22 Jun 2026WP/18308/2026

Case brief

AI extract

What is this about?

BBMP Section 356 demolition order dated 22.07.2022 (No. EE/SJN/356/0/14/2022-23, Annexure-D); Karnataka Appellate Tribunal Revision Appeal No.1111/2019 remand order dated 10.03.2026 (Annexure-C); Confirmation Order dated 07.09.2019 under Karnataka Municipal Corporations Act, 1976 challenged under Section 443-A; writ petition under Articles 226 and 227 disposed of; authorities to act strictly per Tribunal's mandate; no precipitative action under 22.07.2022 order pending a just decision in remanded proceedings; B M Shyam Prasad J; HC-KAR NC 2026:KHC:30718.

What did the court decide?

Petition disposed of: the authorities are to act strictly as directed by the Karnataka Appellate Tribunal in the remanded proceedings, and no precipitation (demolition) is to occur under the order dated 22.07.2022 unless there is a just decision in those proceedings.

Mr Iqbal Vs Kthe Chief Commissioner — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:30718 WP No. 18308 of 2026

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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 22^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 18308 OF 2026 (LB-BMP)

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BETWEEN:

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MR IQBAL S/O ABDUL HAMEED OCC BUSINESS R/AT FLAT NO. G-4 PARK VIEW APARTMENT NO.B KEMP ROAD II PHASE FRAZER TOWN BENGALURU 560005.

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…PETITIONER

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(BY SRI. SRINIVAS V.,ADVOCATE)

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Digitally signed by VANAMALA N

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Location: HIGH COURT OF KARNATAKA

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AND:

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THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE NR SUARE BENGALURU -1.

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THE ASSISTANT EXECUTIVE ENGINEER VASANATHANAGARA SUB-DIVISION

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3^RD CROSS BALAPPA GARDEN

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2 - NC: 2026:KHC:30718 WP No. 18308 of 2026

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HC-KAR

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NK PALYA BBMP, BENGALURU.

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THE EXCUTIVE ENGINEER VASANTHA NAGARA DIVISION QUEENS ROAD BBMP BANGALORE 560051.

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MR BILAL S/O ABDUL HAMEED AGED ABOUT 57 YEARS OCC BUSINESS RESIDING AT FLAT NO. G-4 PARK VIEW APARTMENT NO. B KEMP ROAD II PHASE FRAZER TOWN BANGALORE 560005.

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MRS NOORUNNISA BEGUM W/O LATE ABDUL KHUDDUS AGED ABOUT 75 YEARS

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MR ABDULM KHADDER S/O LATE ABDUL KHUDDUS AGED ABOUT 43 YEARS

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BOTH ARE RESIDENTS OF FF 102 FIRST FLOOR WESTBURY RESIDENCY NO.235 1^ST STAGE 3^RD BLOCK HBR LAYOUT BANGALORE.

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…RESPONDENTS

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(BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 TO R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INIDA PRAYING TO A) QUASH THE DEMOLITION ORDER DATED 22.07.2022 BEARING NO. EE/SJN/356/0/14/2022-23 ISSUED BY THE

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3 - NC: 2026:KHC:30718 WP No. 18308 of 2026

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HC-KAR

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EXECUTIVE ENGINEER, SHIVAJINAGAR DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE (ANNEXURE-D), AS BEING ILLEGAL; B) DIRECT THE RESPONDENTS TO INITIATE FRESH PROCEEDINGS IN STRICT ACCORDANCE WITH THE MANDATE OF THE KARNATAKA APPELLATE TRIBUNAL'S REMAND ORDER DATED 10.03.2026 IN REV. APPEAL NO. 1111/2019, VIDE ANNX-C AND IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED UNDER THE BBMP ACT 2020 / KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, INCLUDING ISSUANCE OF FRESH NOTICES, CONDUCTING INSPECTION IN THE PRESENCE OF THE PETITIONER, AND AFFORDING FULL OPPORTUNITY OF HEARING BEFORE PASSING ANY ORDER.

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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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ORAL ORDER

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The petitioner is served with the Confirmation Order dated 07.09.2019 under the erstwhile Karnataka Municipal Corporations Act, 1976 [for short, ‘ the Act’ ] and the petitioner has successfully called in question this order dated 07.09.2019 with the Karnataka Appellate Tribunal [for short, ‘ the

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NC: 2026:KHC:30718 WP No. 18308 of 2026

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HC-KAR

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Tribunal’ ] under Section 443-A of the Act in Revision Appeal No.1111/2019.

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The Tribunal has set aside the order dated 07.09.2019 remanding the matter to the Bruhat Bengaluru Mahanagara Palike [ now Greater Bengaluru Authority ] to re-consider and pass just orders. The petitioner is now served with an order under Section 356 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 [for short, ‘ the BBMP Act’ ], which is dated 22.07.2022 and produced as Annexure-D.

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When queried in the light of the afore circumstances and the fact that the petitioner has received this order under Section 356 of the BBMP Act under acknowledgment way back in the year 2022, Sri V. Srinivas, the learned counsel for the petitioner, submits that the petition may be disposed

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of by just orders. Sri. Pawan Kumar, a learned standing counsel for the first to third respondents

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NC: 2026:KHC:30718 WP No. 18308 of 2026

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HC-KAR

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who accepts notice for these respondents, is heard and the petition stands disposed of observing that the authorities shall act strictly as directed by the Tribunal. This Court also observes that unless there is a just decision in those remanded proceedings, there cannot be any precipitation under the order dated 22.07.2022.

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Sd/(B M SHYAM PRASAD) JUDGE

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SA List No.: 2 Sl No.: 6

Mr Iqbal v. Kthe Chief Commissioner

Case brief

What is this about?

What did the court decide?

Mr Iqbal v. Kthe Chief Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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