- 1 - NC: 2025:KHC:2347 WP No. 1418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1418 OF 2025 (LB-BMP) BETWEEN: 1. SRI B C CHIKKANNA S/O LATE B C CHIKKANNA AGED ABOUT 65 YEARS RESIDING AT NO. 298 BYADARAHALLI, MAGADI MAIN ROAD BENGALURU 560 091 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED ) …PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU 560 002 2. THE ASSISTANT DIRECRTOR OF TOWN PLANNING YESHWANTHPURA SUB DIVISION RAJARAJESHWARINAGAR BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 560098 3. THE ASSISTANT ENGINEER TOWN PLANNING (NORTH) BRUHAT BENGALURU MAHANAGARA PALIKE YESHWANTHPURA, BENGALURU 560 022 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2347 WP No. 1418 of 2025 QUASH / SET ASIDE THE ORDER DATED. 25.10.2024 PASSED BY THE R-1 IN APPEAL NO. 82/2024 (ANNX-A) HOLDING THE SAME AS ILLEGAL AND CONSEQUENTLY SET ASIDE THE PROVISIONAL ORDER DTD. 29.09.2023 PASSED UNDER SECTION 248(1) OF THE BBMP ACT, 2020 BEARING NO. NO. ADTP/RRN/PO/15/2023-24 ISSUED BY THE R-2 (ANNX-H) AND SET ASIDE THE CONFIRMATION ORDER DTD. 13.10.2023 PASSED UNDER SECTION 248(3) OF THE BBMP ACT, 2020 BEARING NO. ADTP/RRN/CO/15/2023-24 ISSUED BY THE R-2 (ANNX-J) BY ALLOWING THIS WRIT PETITION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging the order of the appellate Authority, which has confirmed the order of confirmation. 2. The order sheet which is produced at Annexure – M indicates that the matter was listed on 20.07.2024 and the matter was thereafter adjourned to 31.08.2024. However, the order sheet does not indicate that the case was called on 31.08.2024, but it indicates that the matter was called on 13.09.2024 and since the advocate for the appellant was absent, - 3 - NC: 2025:KHC:2347 WP No. 1418 of 2025 the case has been posted for orders and ultimately on 25.10.2024 the appeal has been dismissed. 3. It is also noticed from the order sheet that on an earlier occasion, when the case was called on 04.05.2024, the matter was ordered to be re-listed on 15.06.2024, but the order sheet indicates that it was not called on 15.06.2024, but it was called on 06.07.2024. This order sheet therefore indicates that the counsel for the appellant was not given an opportunity to address his arguments and the matter was not called on the dates on which it was supposed to be called. 4. I am therefore of the view that the order impugned is in violation of the principles of natural justice and hence will have to be quashed and it is accordingly quashed. The appellate authority is directed to hear the petitioner and pass an order afresh. - 4 - NC: 2025:KHC:2347 WP No. 1418 of 2025 5. Since the parties are present before this Court, they are directed to appear before the Appellate Authority on 15.02.2025. 6. Since it is stated that there was an interim order of status quo during the pendency of the appeal, it is obvious that on the appeal being restored, the said interim order shall also stand restored and shall continue during the pendency of the appeal. 7. This petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 11