Disposed¶43

Mr Thimmarayappa v. the Commissioner

Karnataka HC1 Apr 2026WP/21402/2022

Case brief

AI extract

What is this about?

Thimmarayappa v. Commissioner, BBMP & others; WP No. 21402 of 2022 (LB-BMP); High Court of Karnataka (Bengaluru); M.I. Arun, J.; 01-04-2026; illegal/unauthorised construction; violation of building bye-laws and sanctioned plan; BBMP/Greater Bengaluru Authority inaction; writ of mandamus; demolition/removal of deviated portion; four-month compliance deadline; Articles 226 & 227; disposed of.

What did the court decide?

Respondent Nos.1 and 2 directed to initiate appropriate action against respondent no.3 in accordance with law and take steps to remove the illegal construction, with the exercise to be completed within four months; writ petition disposed of accordingly. ¶43

Mr Thimmarayappa Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:17828 WP No. 21402 of 2022

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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 1^ST DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 21402 OF 2022 (LB-BMP)

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BETWEEN:

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MR. THIMMARAYAPPA AGED ABOUT 68 YEARS S/O LATE DODDAHOTTAPPA RESIDING AT NO.B206

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MEGAS RAJARAJESHWARI BLISS APARTMENTS 4^TH MAIN, BHEL LAYOUT, 2^ND STAGE RAJARAJESHWARINAGAR BENGALURU-560 098.

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…PETITIONER

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(BY SRI. RAJAGOPALA NAIDU, ADVOCATE)

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

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AND:

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THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002.

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THE ASSISTANT DIRECTOR OF TOWN PLANNING

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BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI SUB-DIVISION BENGALURU-560 068.

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NC: 2026:KHC:17828 WP No. 21402 of 2022

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HC-KAR

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MR. RAGHAVENDRA FATHER NAME NOT KNOWN TO THE PETITIONER MAJOR BY AGE R/AT NO.112, 2^ND BLOCK, 6^TH STAGE BANASHANKARI, BDA LAYOUT BENGALURU-98.

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…RESPONDENTS

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(BY SRI. JAGADEESHWARA N.R., ADVOCATE FOR R1 & R2; SRI. V.VISWANATH SHETTY, ADVOCATE FOR R3)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.1 AND 2 TO CONSIDER REPRESENTATION DATED 22.08.2022 AS PER ANNEXURE-D, REPRESENTATION DATED 29.08.2022 AS PER ANNEXURE-F AND REPRESENTATION DATED 11.10.2022 AS PER ANNEXURE-G AND TO DEMOLISH THE ILLEGALLY ERECTED STRUCTURE ABUTTING THE PROPERTY OF THE PETITIONER TO REMOVE THE DEVIATED PORTION IN THE BUILDING OF RESPONDENT NO.3 AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:17828 WP No. 21402 of 2022

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HC-KAR

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

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ORAL ORDER

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The writ petition is filed on the allegation that respondent no.3 has put up construction in violation of building bye-laws and the sanctioned plan and inspite of making a request to respondent nos.1 and 2-Bruhat Bengaluru Mahanagara Palike (BBMP)/Greater Bengaluru Authority (GBA), they have not initiated any action against respondent no.3.

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Learned counsel for respondent nos.1 and 2-BBMP/GBA upon instructions submits that respondent no.3 has indeed put up construction in violation of building bye-laws and the sanctioned plan.

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