SRI SRINIVAS G vs THE COMMISSIONER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:52865
WP No. 28516 of 2026
CNR: KAHC010624582026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 24 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 28516 OF 2026 (LB-RES)
BETWEEN:
SRI SRINIVAS G
S/O N.V.GOVINDAPPA NAIDU
AGED ABOUT 53 YEARS
R/AT NO.35/1, GROUND FLOOR
SOUTH END ROAD
MALLESHWARAM
BENGALURU-560003.
…PETITIONER
(BY SRI. RAVINDRANATH K.,ADVOCATE)
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
AND:
1. THE COMMISSIONER
BENGALURU CITY CORPORATION,
HUDSON CIRCLE,
BENGALURU - 560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER,
GANDHINAGARA SUB-DIVISION,
BRUHAT BENGALURU
MAHANAGARA PALIKE,
DR. T.C.M. RAYAN ROAD,
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HC-KAR
NC: 2026:KHC:52865
WP No. 28516 of 2026
CNR: KAHC010624582026
BENGALURU 560 053.
SRI. SRINIVASA BABU
B L SINCE DEAD BY LR'S
SMT. N. SARVAMANGALA,
W/O. LATE SRINIVASA BABU BL,
AGED ABOUT 62 YEARS,
R/AT. NO.614, 10TH A CROSS,
WEST OF CHORD ROAD,
MAHALAKSHMIPURAM LAYOUT,
BENGALURU - 560086.
S SHOBIT SIMHA,
S/O. LATE SRINIVASA BABU BL,
AGED ABOUT 31 YEARS,
R/AT. NO.614, 10TH A CROSS,
WEST OF CHORD ROAD,
MAHALAKSHMIPURAM LAYOUT,
BENGALURU 560 086
…RESPONDENTS
3.
4.
(BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER DATED 19.08.2026 PASSED BY THE
KARNATAKA APPELLATE TRIBUNAL IN REVENUE
APPEAL NO.810/2018 VIDE ANNEXURE-A TO THE WRIT
PETITION AND ALLOW THE REVENUE APPEAL
NO.810/2018.
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HC-KAR
NC: 2026:KHC:52865
WP No. 28516 of 2026
CNR: KAHC010624582026
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner's grievance is with the Karnataka
Appellate Tribunal's [ for short, ‘ the Tribunal’ ] Order
dated 19.08.2026 in Revenue Appeal No. 810/2018
[ Annexure-A ]. The Tribunal, by this impugned Order,
has rejected the petitioner's appeal and confirmed the
second respondent's Order under Section 321[3] of
the Karnataka Municipal Corporations Act, 1976 [for
short, ‘ the KMC Act’ ] which applied to the City of
Bengaluru at the relevant time.
2. Sri Ravindranath K, the learned counsel
for the petitioner and Sri Pawan Kumar, a learned
standing counsel who accepts notice for the first and
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HC-KAR
NC: 2026:KHC:52865
WP No. 28516 of 2026
CNR: KAHC010624582026
second respondents, are heard for disposal of the
petition considering the following questions:
[a] Whether the Tribunal's Order could be
sustained, and
[b] Whether an opinion in this regard should
await due service of notice to the third
and fourth respondents.
These two questions are considered in the light of the
following circumstances borne out as being
indisputable from the records.
3. The petitioner's vendors have transferred
property bearing No. 35/1, Link Road [South End
Road], Mill Corner, Malleshwaram, Bengaluru under
the Sale Deed dated 09.11.2017 and prior to this date
the erstwhile Bruhat Bengaluru Mahanagara Palike
had permitted a Sanctioned Plan and Building Licence
in the name of one vendor. This Building Licence
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HC-KAR
NC: 2026:KHC:52865
WP No. 28516 of 2026
CNR: KAHC010624582026
dated 10.08.2016 was valid for a period of two years
ending as on 09.08.2018. On 04.09.2018, the
proceedings are initiated under Section 321 of the
KMC Act for not beginning the construction under
this Sanctioned Plan dated 10.08.2016, and these
proceedings have culminated with the impugned
order.
4. The petitioner, after the Sale Deed and the
revenue entries consequent thereto in his favour, has
applied for and he is issued with Sanctioned
Plan/Building Licence on 06.09.2018. The petitioner
has put up construction in the light of this sanction.
The Tribunal has affirmed the Confirmation Order
dated 29.08.2018 only on the ground that the
petitioner has applied for a Sanctioned Plan after the
commencement of the proceedings under the KMC
Act with a Provisional Order/Notice on 04.09.2018
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WP No. 28516 of 2026
CNR: KAHC010624582026
i.e., two days prior to the date on which the petitioner
is admitted to a new Sanctioned Plan .
5. Sri Ravindranath K submits that the third
and fourth respondents have commenced a suit in
O.S. No.4625/2018 on the file of the III Additional
City Civil and Sessions Judge, Bengaluru for
injunction against the petitioner including the Bruhat
Bengaluru Mahanagara Palike. This suit is for a
permanent injunction against demolition and a
declaration that the modified sanctioned plan dated
06.09.2018 is not binding on them. The prayer for
the permanent injunction and possession is rejected.
This is the outcome of a dispute between the
petitioner and the third and fourth respondents but
cannot be germane insofar as the action under the
KMC Act.
6. If the petitioner is issued with a separate
Sanctioned Plan afresh after the expiry of the
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WP No. 28516 of 2026
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Sanctioned Plan granted in favour of his vendors, this
will be germane and dispositive for the proceedings
under the KMC Act. The construction by the
petitioner cannot be found fault with only because
proceedings were begun under the KMC Act prior to
issuing the Sanctioned Plan in favour of the
petitioner. As such, the Tribunal's reasoning that the
construction must be brought down notwithstanding
the subsequent Sanctioned Plan dated 06.09.2018,
because the proceedings had begun two days prior
thereto cannot pass muster in law. Hence, the two
questions framed are answered in favour of the
petitioner and the following.
ORDER
[A] The petition is allowed and the
Tribunal's impugned Order dated
19.08.2026 [Annexure-A] as also the
Confirmation Order dated 29.08.2018
[Annexure-J] are quashed.
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HC-KAR
NC: 2026:KHC:52865
WP No. 28516 of 2026
CNR: KAHC010624582026
[B] It is needless to observe that this
outcome cannot foreclose any
proceedings if permissible in law if the
petitioner has constructed contrary to
the Sanctioned Plan dated 06.09.2018.
Sd/-
(B M SHYAM PRASAD)
JUDGE
AN/-