Karnataka High Court
Sri Jayaram H vs The State Of Karnataka on 19 February, 2026
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2026:KHC:10454
WP No. 1020 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 1020 OF 2026 (LB-BMP)
BETWEEN:
SRI JAYARAM H,
S/O HOMBALE,
AGED ABOUT 68 YEARS,
R/AT P-33, 2ND CROSS,
NAGAPPA BLOCK, SRIRAMPURAM,
BENGALURU-560 021
...PETITIONER
(BY SRI NAGABHUSHAN R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE GREATER BENGALURU AUTHORITY,
Digitally signed by REP. BY ITS CHIEF COMMISSIONER,
VARSHA N
RASALKAR NO. 1, N R SQUARE, BENGALURU-560 009.
Location: HIGH
COURT OF
KARNATAKA 3. THE ZONE COMMISSIONER,
BENGALURU WEST CITY CORPORATION,
GREATER BENGALURU AUTHORITY,
17TH CROSS, MALLESHWARAM,
BENGALURU-560 003.
4. THE ASSISTANT EXECUTIVE ENGINEER,
MALLESHWARAM, SUB-DIVISION,
BENGALURU CITY WEST CORPORATION,
MALLESHWARAM 11TH CROSS,
BENGALURU-560 003
...RESPONDENTS
(BY SMT. SPOORTHI V, HCGP FOR R-1;
SRI PAWAN KUMAR, ADVOCATE FOR R-2 TO R-4)
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NC: 2026:KHC:10454
WP No. 1020 of 2026
HC-KAR
THIS W.P. IS FILED UNDER ARTICLE 226 OF CONSTITUTION
OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE
RESPONDENT NO. 4 TO THE PETITIONER IN SA. KA. NI. AA
(MA)/PR/443/2025-26, DATED 19-12-2025, WHICH IS AT
ANNEXURE-A TO THE WRIT PETITION ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"a) Issue a Writ in the nature of Certiorari to quash the Endorsement issued by the Respondent No.4 to the Petitioner in Sa.Ka.Ni.Aa(Ma)/PR/443/2025-26, dated 19.12.2025, which is at Annexure-A to the Writ Petition.
b) Issue a Writ in the nature of Mandamus by restraining the Respondents from issuing any further such false notices or endorsements until disposal of Petition before the Hon'ble Apex Court, which is pending for adjudication in regard to "Akrama Sakrama Scheme".
c) Grant such other relies as the facts and circumstances of the case may deem fit, in the interest of justice and equity."
2. The provisional order placed on record indicates that the deviation in question is less than 50%.
3. A Co-ordinate Bench of this Court, by order dated 19.02.2025 in W.P.No.21041/2021, has held that -3- NC: 2026:KHC:10454 WP No. 1020 of 2026 HC-KAR where a building plan had been sanctioned prior to the amendment introducing Section 321A to the Karnataka Municipal Corporations Act, 1976, unauthorised construction could be considered for regularisation. The Co-ordinate Bench further observed that where the setback violation is less than 25% in the case of non-residential buildings and less than 50% in the case of residential buildings, and in view of the fact that the issue is presently pending consideration before the Hon'ble Apex Court, the benefit of regularisation would enure to the petitioner if the Apex Court were to uphold the validity of the amendment.
4. In my considered view, the said observations would squarely apply to the facts of the present case. The deviation, as noted in the provisional order, is less than 50%, and therefore falls within the parameters contemplated by the Co-ordinate Bench. -4-
NC: 2026:KHC:10454 WP No. 1020 of 2026 HC-KAR
5. Consequently, the writ petition stands disposed of holding that the petitioner would be entitled to seek regularisation of the unauthorised construction in the event that the Hon'ble Apex Court upholds the amendment introducing Section 321A to the Karnataka Municipal Corporations Act, 1976. Until such adjudication by the Apex Court, the impugned order shall remain in abeyance and shall not be given effect to.
6. Needless to observe, in the event the Hon'ble Apex Court were to strike down the amendment, it would be open to the respondents to proceed in accordance with law and take such action as may be permissible under the statutory framework then prevailing.
Sd/-
(SURAJ GOVINDARAJ) JUDGE KTY/List No.: 2 Sl No.: 58