Karnataka High Court
WA/49/2024 of SMT H M VAIDEHI Vs THE COMMISSIONER on 4 June 2026
NC: 2026:KHC:26495-DB WA No. 49 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 49 OF 2024 (LB-RES) BETWEEN: SMT H.VAIDEHI W/O M.S. JAGADEESH KUMAR AGED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 49 OF 2024 (LB-RES)
BETWEEN:
SMT H.VAIDEHI
W/O M.S. JAGADEESH KUMAR
AGED ABOUT 42 YEARS,
R/AT NO. 189/1, 5TH BLOCK,
7TH MAIN ROAD,
BENGALURU - 560 041
…APPELLANT
(BY MS.CHETHANA MANJUNATH, ADVOCATE FOR
SRI. MANJUNATH B S (SUO ASSTS), ADVOCATE)
AND:
1.
THE COMMISSIONER
CITY MUNICIPALITY,
DODDABALLAPURA - 561 203
BANGALORE RURAL.
2.
MR. LAKSHMANA
S/O MR. MUNIDEV RAO
AGED ABOUT 46 YEARS,
HEMAVATHIPETE, DODDABALLAPUR,
BENGALURU RURAL - 561 203.
3.
MR. BANUCHANDRA RAO
S/O MR. MUNI DEVA RAO,
AGED ABOUT 48 YEARS,
RESIDING AT NO. 1584,
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
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3RD WARD,MARKET SQUARE
HEMAVATHINAGAR,
NEAR SOUNDARYAMAHAL THEATRE,
DODDABALLAPURA,
BENGALURU RURAL - 561 203.
4.
MR. K.R.KRISHNA
S/O MR. RANGAPPA
AGED ABOUT 50 YEARS,
NO. 2756, 22ND WARD,
DEVANGAPETE, DODDABALLAPUR,
BENGALURU RURAL - 561 203.
5.
MRS. K R KUSUMA
W/O MR. M P N VENKATESH
AGED ABOUT 47 YEARS,
RESIDING AT NO. 2863,
NEAR SOUNDARYA MAHAL THEATRE,
HEMAVATHIPETE, DODDABALLAPUR,
BENGALURU RURAL 561 203.
6.
MRS. RENUKA
W/O MR. CHANDRASHEKAR
AGED ABOUT 58 YEARS,
R/AT NO. 2757, HEMAVATHIPETE,
DODDABALLAPURA,
BENGALURU RURAL 561 203.
7.
MRS. K S UMADEVI
W/O MR. M P C RAMAMURTHY
AGED AOBUT 66 YEARS,
R/AT 2864, OLD BUS STAND CROSS,
WARD NO. 22, HEMAVATHIPETE,
DODDABALLAPUR,
BENGALURU RURAL 561 203.
…RESPONDENTS
(BY MS. DEEPU.G, ADVOCATE FOR
SRI. SRINIVASA K.N, ADVOCATE FOR R1;
SRI. SIDDHARTH.B.MUCHANDI, ADVOCATE FOR R2- R7)
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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP
No-34032/2018 ON THE FILE OF THE HON’BLE HIGH COURT OF
KARNATAKA AT BENGALURU AND SET ASIDE THE ORDER
DATED 27.07.2023 AND ALLOW THE WP No-34032/2018
GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT MAY
DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
Heard Madam Chethana Manjunath, learned counsel appearing on behalf of Sri.Manjunath, learned counsel for appellant.
2. Madam Chethana Manjunath though has argued brilliantly and made all efforts to persuade us, the facts of the case are such that all her efforts have not been fruitful
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inasmuch as there is no denial from the facts that the petitioner has constructed two extra floors, that is, the basement and third floor, which are not part of the sanctioned building plan.
2. The Municipal Council, Doddaballapur, Bengaluru Rural has issued order dated 01.03.2018, directing them to bring the building as per the sanctioned plan. The petitioner filed the writ petition disputing the findings of the Commissioner, City Municipal Council, Doddaballapura. To test the veracity of the assertion made by the petitioner, the learned Single Judge vide order dated 27.07.2023 directed the Commissioner of City Municipal Council, Doddaballapura, to cause an inspection of the building in question on 21.07.2023 at 11.00 a.m. and to take the measurements in the presence of the petitioner.
3. In compliance of the said direction, the Commissioner City Municipal Council, Doddaballapura had
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submitted report stating therein that though the sanction was given to the petitioner to put up construction of Stilt, Ground + 2 floors and terrace only, however the petitioner had put up basement, stilt, ground, first floor, second floor and third floor. Thus, the petitioner has put up basement and third floor extra than what was sanctioned in the building plan.
4. In view of the factual finding of the Commissioner, who made the inspection in presence of the petitioner of the building in question and the photographs furnished along with the report, the learned Single Judge has held that the number of floors constructed by the petitioner are in excess of the sanctioned building plan. In view of the same, the writ petition has been dismissed.
5. We find no error of facts or law in the impugned judgment, which requires an interference by this Court, sitting in an appeal and therefore we dismiss this appeal, however, without cost.
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6. In view of dismissal of the writ appeal, pending application/s if any does not survive for consideration and the same are disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 2 Sl No.: 5