Smt Prabhavathi R M Vs the Commissioner

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NC: 2026:KHC:18847 WP No. 28286 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28286 OF 2024 (LB-BMP)

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BETWEEN:

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SMT. PRABHAVATHI R.M. W/O LATE Y.T.SHIVASHANKAR AGED ABOUT 76 YEARS R/AT NO.29/114 ANKAPPA LAYOUT CANARA BANK COLONY SUBRAMANYAPURA POST UTTARAHALLI BENGALURU-560 061.

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&PETITIONER

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(BY SRI. JEEVAN K., 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 BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002.

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THE JOINT COMMISSIONER BOMMANAHALLI DIVISION BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU-560 078.

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THE ASSISTANT EXECUTIVE ENGINEER BOMMANAHALLI SUB-DIVISION BRUHATH BENGALURU MAHANAGARA PALIKE

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NC: 2026:KHC:18847 WP No. 28286 of 2024

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HC-KAR

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BENGALURU - 560 078.

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SMT. MEICHITHRA R. W/O R.JAYAKRISHNA AGED ABOUT 33 YEARS R/AT NO.59, NEAR FLOUR MILL NEXT TO KAVERI JEWELLARY DODDAGOWDANAPALYA BANASHANKARI 2^ND STAGE BENGALURU-560 061.

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&RESPONDENTS

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(BY SRI. SIDDHARTH PADMARAJ DESAI, ADVOCATE R1 TO R3; SRI. RAMESH CHANDRA, ADVOCATE FOR R4)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3-BBMP TO CONSIDER THE REPRESENTATION DATED 06.05.2024 SUBMITTED BY THE PETITIONER TO THEM AND PRODUCED AT ANNEXURE-A THEREBY TO TAKE STEPS TO DEMOLISH THE ILLEGAL CONSTRUCTION BUILT UPON THE SCHEDULE PROPERTY IN ACCORDANCE WITH LAW AND TO GRANT SUCH OTHER RELIEFS AS THIS HONOURABLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE AND ETC.

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

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

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NC: 2026:KHC:18847 WP No. 28286 of 2024

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HC-KAR

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ORAL ORDER

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A complaint is made by the petitioner to respondent nos.1 to 3-Bruhat Bengaluru Mahanagara Palike (BBMP) now Greater Bengaluru Authority (GBA) that respondent no.4, who is her neighbor is putting up construction in violation of building bye-laws and without a sanctioned plan. As no action was taken by respondent nos.1 to 3, the present writ petition is filed with a prayer to direct respondent nos.1 to 3 to initiate appropriate action against respondent no.4 in the manner known to law.

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Learned counsel for respondent nos.1, 2 and 3 submits that, respondent no.4 has put up construction in violation of building bye-laws and without obtaining the necessary plan sanction.

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Learned counsel for respondent no.4 submits that the property is a B-Khata property and presently a notification has been issued by the authorities concerned enabling

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NC: 2026:KHC:18847 WP No. 28286 of 2024

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HC-KAR

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respondent no.4 to convert her property from B-Khata to

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A-Khata property.

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No person has a right to put up construction in violation of building bye-laws and the sanctioned plan. However, if any of the construction already put up can be saved by regularizing the same in the manner of law, that benefit can be afforded to the person who has put up the construction.

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Hence, the following:

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ORDER

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(i) Liberty is granted to respondent no.4 to make necessary application required to legalize the construction put up by her;

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(ii) If such an application is made within a period of three weeks from today, respondent nos.1 to 3 are directed to consider the same in the manner known to

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