SMT RATHNAMA T vs THE STAT E OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF SEPTEMBER 2026
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 29453 OF 2026 (LB-BMP)
BETWEEN:
1. SMT RATHNAMA T
AGED ABOUT 41 YEARS.
D/O LATE THIMMAHANUMAIAH K.
ST
RESIDING AT NO.49/1, 1 MAIN ROAD,
NEAR WATER TANK, BAHUBALI NAGAR,
BENGALURU NORTH,
BENGALURU - 560013.
2.
SMT. LAVANYA T
AGED ABOUT 29 YEARS,
D/O LATE THIMMAHANUMAIAH K,
ST
RESIDING AT NO.49/1, 1 MAIN ROAD,
NEAR WATER TANK, BAHUBALI NAGAR,
BENGALURU NORTH,
BENGALURU - 560013
…PETITIONERS
Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA
(BY SRI. H VENKATESH DODDERI., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA,
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WP No. 29453 of 2026
CNR: KAHC010645492026
BENGALURU – 560001.
2. THE CHIEF COMMISSIONER
GREATER BENGALURU AUTHORITY,
BENGALURU – 560002.
3. THE COMMISSIONER
GREATER BENGALURU AUTHORITY,
BENGALURU WEST,
MALLESHWARAAM,
BENGALURU – 560003.
4.
THE ASSISTANT EXECUTIVE ENGINEER
GREATER BENGALURU AUTHORITY,
BENGALURU, NAGAPUR SUBDIVISION,
TH
BBMP COMPLEX, 12 MAIN ROAD,
TH
11 CROSS, NAGAPURA,
MAHALAKSHMI LAYOUT,
BENGALURU-560086
…RESPONDENTS
(BY SRI. RAJAYOGA K., HCGP FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 – R4)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING QUASH THE
ORDER DATED 21.05.2024 AND IMPUGNED NOTICE/
ORDER DATED 07.08.2026 ISSUED BY R4 AT ANNX-D
AND E RESPECTIVELY. WITH REFERENCE TO ORDER
OF THE ASST. EXECUTIVE ENGINEER BBMPP BEARING
NO. ಸಂ . ಸ . ౽ . ඛ . ಅ / කඬ / . ಓ /02 /2023-24 AND NO.
ಸಂ . ಸ . ౽ . ඛ . ಅ / කඬ / . ಓ /03/2023-24.
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HC-KAR
NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
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 petitioners are the children of Late
Mr. Thimmahanumaiah K, and the petitioners’
grievance is with the Notice dated 07.08.2026
[ Annexure - E ] issued by the fourth respondent for
removal of construction without a sanctioned plan as
required under the concluded proceedings under
Section 248 of the Bruhat Bengaluru Mahanagara
Palike Act, 2020 [for short, ‘ the BBMP Act ’ ] .
2. Mr. H. Venkatesh Dodderi, the learned
counsel for the petitioners, submits the following
arguing in support of the petitioners’ request for this
Court’s intervention.
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HC-KAR
NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
[a] The petitioners’ father has died on
19.04.2026 after prolonged illness which
required him to be under dialysis.
[b] The petitioners can assert that their father
was not issued with any notice of the
proceedings under Section 243 of the
BBMP Act and if the petitioners’ father
was issued with notice, he could have
demonstrated that the property, which
only measures 14 feet x 40 feet, is not
under a high-tension wire as alleged.
[c] The petitioners were not aware of the
concluded proceedings under Section 248
of the BBMP Act until they were served
with Notice dated 07.08.2026 informing
the petitioners that the structure will be
brought down at the petitioners' costs and
consequences.
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NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
3. Mr. Rajayoga K, a learned High Court
Government Pleader who accepts notice for the first
respondent, and Mr. Pawan Kumar, a learned
Standing counsel who accepts notice for the second
to fourth respondent, are heard on whether this
Court must intervene in the light of the
circumstances emphasized by Mr. H. Venkatesh
Dodderi.
4. Mr. Pawan Kumar submits that this Court
may consider that the petitioner can still avail the
alternative remedy that would be permissible in view
of the transitional powers under Section 250 of the
GBG Act and the Appellate Authority can examine
whether the petitioners’ father was served with notice
or not and whether the construction is under a high-
tension wire.
5. At this stage, Mr. H. Venkatesh Dodderi
submits that the Bengaluru Electricity Supply
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HC-KAR
NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
Company Limited [BESCOM] Authorities acting upon
the communication addressed by the Greater
Bengaluru Authority officers have disconnected
electricity to the premises and there is every
likelihood of even the water and sewage facilities
being disconnected. The learned counsel emphasizes
that this Court may pass just orders to ensure that
the petitioners have a reasonable opportunity taking
on record the petitioners undertaking before this
Court not to put up any further construction until
the proceedings are concluded.
6. The Provisional Order under Section 248
of the BBMP Act is issued on 09.05.2024. The
Confirmation Order is dated 21.05.2024. The
proceedings are concluded within thirteen [13] days
from the date of the Provisional Order. The
petitioners contend that their father was under
prolonged illness undergoing dialysis and he has
breathed his last on 19.04.2026. These
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HC-KAR
NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
circumstances persuade this Court to opine that the
petitioners must have another opportunity to show
cause against demolition in terms of the Provisional
Order. This could be possible in law if the provisional
Order dated 09.05.2024, given the transitional
powers under Section 360 of the GBG Act, is treated
as the provisional order under Section 243[3][c] with
opportunities under this provision. However, the
petitioners must be put on terms. In the light of the
afore, the following.
ORDER
[A] The petition is allowed in-part quashing
the Confirmation Order dated 21.05.2024
under Section 248(3) of the BBMP Act
[ Annexure – D ] and the Notice dated
07.08.2026 [ Annexure - E ] addressed to
the petitioner's deceased father restoring
the proceedings treating provisional Order
dated 09.05.2024 as issued under Section
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NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
243[3][c] of the GBG Act for continuation
with an opportunity to file reply and of
personal hearing as contemplated under
Section 243[3][d] proviso.
[B] The petitioner shall, without further
notice, file response in the light of the
allegation that the construction is without
a sanctioned plan and is under a high-
tension wire by 16.11.2026 .
[C] The jurisdictional Joint Commissioner
shall fix a date for personal hearing
permitting the petitioners to file response
and conclude the proceedings before
31.12.2026.
[D] It is needless to observe that there cannot
be any precipitation with demolition until
the conclusion of these proceedings.
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NC: 2026:KHC:53479
WP No. 29453 of 2026
CNR: KAHC010645492026
[E] The petitioners are reserved with liberty to
file a certified copy of this order with the
BESCOM for restoration of electricity.
Sd/-
(B M SHYAM PRASAD)
JUDGE
RB
List No.: 2 Sl No.: 8