Sri M Krishnappa Vs the Chief Commissioner — Writ and Judicial Review | Karnataka HC (2026)

Sri M Krishnappa Vs the Chief Commissioner — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent nos.1 to 4 (GBA) to act in accordance with their counsel's recorded statement: to act on the petitioner's representation dated 28.11.2025 after due notice and hearing to respondent no.5 and initiate action against him if violations of building bye-laws and the sanctioned plan are found; to proceed on the Annexure-N notice against the petitioner only in accordance with law, with liberty to the petitioner to establish compliance or seek a modified sanction plan if permissible; no mandamus as prayed was issued and the proceedings against the petitioner were not quashed.

Issue for consideration

Whether respondents 1 to 4 (GBA) should be directed to consider the petitioner's representation dated 28.11.2025 (Annexure-J) and take appropriate action against respondent no.5 for construction allegedly in violation of building bye-laws and the sanctioned plan. +1 more

Ratio / Principle

The writ petition is disposed of by issuing a direction to respondent nos.1 to 4 to act in accordance with the statement made by learned counsel for respondent nos.1 to 4 in paragraph no.2 of the order (the recorded undertaking that GBA will act on the petitioner's representation with due notice and opportunity of hearing to respondent no.5 and initiate action against him if violations of building bye-laws and the sanctioned plan are found; that the Annexure-N notice against the petitioner will be proceeded with only in accordance with law, the petitioner being at liberty to satisfy that his building accords with law or seek a modified sanction plan if permissible; that GBA has no bias against either party; and that orders already passed against respondent no.5 will be taken into consideration). The substance of paragraph no.2 is counsel's submission placed on record, which the court adopted as the standard for the respondents' action; the notice against the petitioner was not quashed.

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Oral Order dated 24.04.2026, Writ Petition No. 2534 of 2026 (LB-BMP) (M.I. Arun, J.). Petitioner Sri M. Krishnappa had represented to the Greater Bengaluru Authority (respondents 1 to 4, formerly BBMP) that his neighbour Sri B.N. Chandrashekhar (respondent no.5) had put up construction in violation of building bye-laws and the sanctioned plan (representation dated 28.11.2025, Annexure-J); instead, GBA issued a notice (Annexure-N) to the petitioner alleging that the petitioner's own construction violated the bye-laws and sanctioned plan. The petition under Articles 226 & 227 sought a mandamus to act on the representation against respondent no.5 and to quash the proceedings against the petitioner. On the categorical submission of counsel for GBA (no bias; the representation would be acted upon with due notice and hearing to respondent no.5 and action initiated against him if violations were found; prima facie the petitioner had also constructed in violation, hence the Annexure-N notice, which would be pursued only if the petitioner failed to satisfy compliance, with liberty to seek a modified sanction plan if permissible; orders already passed against respondent no.5 to be considered), the court disposed of the petition, directing respondents 1 to 4 to act in accordance with that statement. The notice against the petitioner was not quashed.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 2534 OF 2026 (LB-BMP)

BETWEEN:

SRI. M.KRISHNAPPA S/O LATE MUNISWAMAPPA AGED ABOUT 75 YEARS R/O NO.21, 7^TH A CROSS (FORMERLY 7^TH CROSS) L.B.S NAGAR, II STAGE INDIRA NAGAR BENGALURU-560 038.

…PETITIONER

(BY SRI. V.JAVAHAR BABU, ADVOCATE)

AND:

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

THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY (FORMERLY BBMP) OFFICE OF THE CHIEF COMMISSIONER GBA, N.R. SQUARE, BENGALURU-560 002.

THE COMMISSIONER GREATER BENGALURU AUTHORITY (FORMERLY BBMP) OFFICE OF THE CHIEF COMMISSIONER GBA, N.R. SQUARE, BENGALURU-560 002.

THE EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY-(CENTRAL) (FORMERLY BBMP)

C.V. RAMAN NAGAR DIVISION

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OFFICE OF THE EXECUTIVE ENGINEER 1^ST CROSS, 11^TH 'H' MAIN ROAD KASTURINAGAR, BENGALURU-560 043.

THE ASSISTANT EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY-(CENTRAL) (FORMERLY BBMP) JEEVAN BHEEMANAGAR SUB-DIVISION OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER 4^TH MAIN ROAD, 6^TH CROSS INDIRANAGAR 1^ST STAGE BENGALURU-560 038.

SRI. B.N.CHANDRASHEKAR S/O LATE NARAYANASWAMY AGED ABOUT 59 YEARS R/O NO.22, 7^TH 'A' CROSS (FORMERLY 7^TH CROSS) L.B.S NAGAR, II STAGE INDIRA NAGAR, BENGALURU-560 038.

…RESPONDENTS

(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4; NOTICE TO R5 IS DISPENSED WITH)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER SUITABLE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS 1 TO 4 HEREIN TO CONSIDER THE REPRESENTATION DATED 28.11.2025, VIDE ANNEXURE-J SUBMITTED BY THE PETITIONER AND CONSEQUENTLY TO TAKE APPROPRIATE ACTION AGAINST THE RESPONDENT NO.5 AND ETC.

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

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

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ORAL ORDER

The petitioner made a representation to respondent nos.1 to 4-Greater Bengaluru Authority (GBA), wherein he has alleged that respondent no.5, who is his neighbour has put up construction in violation of building bye-laws and the sanctioned plan and action has to be initiated against him. However, GBA has issued notice to the petitioner alleging that petitioner himself has put up construction in violation of building bye-laws. Aggrieved by the same, the present petition is filed with a prayer to direct the GBA to act against respondent no.5 and quash the proceedings initiated against the petitioner herein.

Learned counsel for GBA upon instructions, submits that nobody has a right to put up construction in violation of building bye-laws and the sanctioned plan. He further submits that the representation of the petitioner will be acted upon and after due notice to respondent no.5 and giving him an opportunity of hearing as contemplated in law, if it is found that respondent no.5 has put up construction in

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violation of building bye-laws and sanctioned plan, action will be initiated against him. He further submits prima facie it is seen that petitioner also has put up construction in violation of building bye-laws and the sanctioned plan and hence, the impugned notice at Annexure-N to the writ petition is issued against the petitioner and if the petitioner were to satisfy that building is constructed by him in accordance with law, then no action would be initiated against him. He also submits that petitioner is also having the liberty to seek for a modified sanction plan if the same is permissible under law and even that would be considered. He categorically submits that respondent nos.1 to 4-GBA has no bias either against the petitioner or respondent no.5 and action against both petitioner and respondent no.5 will be initiated only in accordance with law and not otherwise. He also submits that whatever orders have been so far passed against respondent no.5 will also be taken into consideration while initiating further actions. His submission is placed on record.

3. The writ petition is disposed of by issuing a direction

to respondent nos.1 to 4 to act in accordance with the

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statement made by learned counsel for respondent nos.1 to

4 in paragraph no.2 cited supra.

Sd/(M.I.ARUN) JUDGE

PGG

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