Smt Sukanya Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Smt Sukanya Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of on consent: GBA officers to inspect respondent No.5's property on 21.04.2026 without notice, hear the petitioner and respondent No.5, decide on initiating appropriate action in accordance with law if required, and complete any such action within four months thereafter.

Issue for consideration

Whether the respondent authorities (BBMP/GBA) are to be directed to consider the petitioner's representations dated 17.10.2022, 18.06.2024, 24.06.2024 and 02.09.2024 and take steps for removal of the alleged unauthorised construction by respondent No.5 made in violation of building bye-laws and the sanctioned plan, without leaving the setback on the southern side of the B-schedule property and the northern side of the petitioner's A-schedule property.

Court's answer

The writ petition is disposed of.

Ratio / Principle

The disposal rests on the proposal of learned counsel for the GBA (to inspect respondent No.5's property and initiate appropriate action in accordance with law), to which both the petitioner and respondent No.5 expressed agreement.

Key takeaways

The concerned Officers of the GBA are directed to inspect the property of respondent No.5 on 21.04.2026 without any further notice to the petitioner or respondent No.5.ratio¶42-43
After such inspection and upon hearing the petitioner and respondent No.5, the GBA shall decide whether to initiate appropriate action in accordance with law, if required.ratio¶44
If any violations are found and any action is required to be initiated against respondent No.5, the GBA shall complete the said exercise within a period of four months thereafter.

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 by a neighbouring owner (Talakaveri Layout, Amruthahalli, Bengaluru) seeking mandamus to BBMP/Greater Bengaluru Authority (GBA) to consider her representations (Annexures-D, D1-D3) and remove unauthorised construction by respondent No.5 allegedly in violation of building bye-laws and the sanctioned plan for want of setback; disposed of on the joint agreement of the parties to the GBA's proposal - GBA officers to inspect respondent No.5's property on 21.04.2026 without notice, hear both sides, decide on action in accordance with law if required, and complete any enforcement within four months if violations are found. Respondent No.5's request for regularisation and the GBA's intention to inspect were recorded but the court did not itself adjudicate the legality of the construction.

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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. 3051 OF 2025 (LB-BMP)

BETWEEN:

SMT. SUKANYA W/O SRI SHIVA N AGED ABOUT 67 YEARS R/O NO.252, 3^RD MAIN 7TH CROSS, TALAKAVERI LAYOUT, AMRUTHAHALLI VILLAGE SAHAKARA NAGAR POST BENGALURU - 560 092.

…PETITIONER

(BY SRI RAMESH K.R, ADV.)

AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.

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

THE COMMISSIONER BBMP, BENGALURU 560 001.

THE ASSISTANT EXECUTIVE ENGINEER KODIGEHALLI SUB-DIVISION SAHAKARA NAGAR BENGALURU - 560 092.

THE ASSISTANT DIRECTOR TOWN PLANNING, BBMP YELAHANKA ZONE AMRUTHAHALLI MAIN ROAD BYATARAYANAPURA BENGALURU - 560 064.

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SRI K. VENKATESHA

S/O LATE K.P. KRISHNAPPA AGED ABOUT 55 YEARS R/AT NO.253, 3RD MAIN, 7TH CROSS TALAKAVERI LAYOUT AMRUTHAHALLI VILLAGE SAHAKARA NAGAR POST BENGALURU - 560 092.

…RESPONDENTS

(BY SMT. SPOORTHI V, AGA FOR R-1; SRI PAWAN KUMAR, ADV., FOR R-2 TO R-4; SRI S.A. SUDHINDRA, ADV., FOR R-5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS DATED 17.10.2022, 18.06.2024, 24.06.2024 AND 02.09.2024 GIVEN BY THE PETITIONER AT ANNX-D, D1, D2 AND D3 IN ACCORDANCE WITH LAW AND TO TAKE IMMEDIATE STEPS FOR REMOVAL OF THE UNAUTHORIZED CONSTRUCTION MADE BY THE R-5 IN VIOLATION OF THE BUILDING BYE LAWS WITHOUT LEAVING THE SETBACK ON THE SOUTHERN SIDE OF THE B SCHEDULE PROPERTY BELONGING TO THE R-5 AND NORTHERN SIDE OF A SCHEDULE PROPERTY BELONGING TO THE PETITIONER.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The case of the petitioner is that she is a neighbour of respondent no.5 and that construction has been put up by respondent no.5 in violation of building bye-laws and the sanctioned plan. Hence, she has made representation to respondent Nos.2 to 4 - Bruhath Bengaluru Mahanagara Palike

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(BBMP), now Greater Bengaluru Authority (GBA), to take suitable action against respondent No.5. As the same has not been considered so far, the present writ petition is filed with the following prayers:-

"(a) Issue a writ of mandamus or any other writ or order or direction, directing the respondent authorities to consider the representations dated 17.10.2022, 18.06.2024, 24.06.2024 & 02.09.2024 given by the petitioner at ANNEXURES-D, D1, D2 & D3 in accordance with law and to take immediate steps for removal of the unauthorized construction made by the 5^th respondent in violation of the building bye-laws without leaving the setback on the Southern side of the B-schedule property belonging to the 5^th respondent and Northern side of A-schedule property belonging to the petitioner; and

(c) Grant such other relief or reliefs as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

Learned counsel appearing for respondent no.5 submits that the construction is put up in accordance with law. He further submits that, even if by mistake respondent no.5 has put up any additional construction, the same is in accordance

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with the present building bye-laws and he would request the

GBA to regularise the same in the manner known to law.

Learned counsel appearing for the GBA, upon instructions, submits that they intend to inspect the property of respondent No.5. and thereafter, initiate appropriate action in accordance with law.

Both the petitioner and respondent No.5 are agreeable to the proposal submitted by the learned counsel appearing for the GBA. Hence the following:-

ORDER

i. The writ petition is disposed of .

ii. The concerned Officers of the GBA will inspect

the property of respondent No.5 on 21.04.2026 without any further notice to the petitioner or respondent No.5.

iii. After such inspection and upon hearing the petitioner and respondent no.5, the GBA shall decide

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as to initiating appropriate action in accordance with

law, if required.

iv. If any violations are found and any action is required to be initiated against respondent no.5, the GBA will complete the said exercise within a period of four months thereafter.

Sd/(M.I.ARUN) JUDGE

VMB

List No.: 1 Sl No.: 79