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2025 DAILYLAW 14113 (KAR)

MR SUPREETH D v. THE COMMISSIONER

WP/1158/2025 · 2025-01-17

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1955 WP No. 1158 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1158 OF 2025 (LB-BMP) BETWEEN: 1. MR SUPREETH D S/O SRI. H.L. DATTATRI, AGED ABOUT 33 YEARS, R/AT NO.4/1, SUVIDHA, 1ST MAIN, CHALUKYANAGARA, NAGARABHAVI, BENGALURU-560072 …PETITIONER (BY SRI. AJAY PRABHU M., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, CORPORATION CIRCLE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR TOWN PLANNING, RAJARAJESHWARI NAGAR ZONE, B.B.M.P., BANGALORE AND DELEGATED AUTHORITY. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASHING THE DEMOLITION NOTICE BEARING NO. 412/2024-25 DATED 15/01/2025 ISSUED BY THE R2, AS PER ANNEXURE-A, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1955 WP No. 1158 of 2025 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 notice of demolition under Section 356(2) of the BBMP Act, 2020. 2. It is the case of the petitioner that as against the order of demolition, the petitioner had preferred an appeal to the Chief Commissioner of the BBMP and the petitioner has also been granted an interim order of status-quo and despite this interim order, the notice for demolition has been issued. The copy of the interim order is also produced at Annexure-F. 3. In my view, since the order of demolition is the subject matter in appeal and there is an interim order to maintain status-quo, it is obvious that the 2nd respondent could not have issued the notice of demolition as per Annexure-A. Consequently, - 3 - NC: 2025:KHC:1955 WP No. 1158 of 2025 Annexure-A - notice is quashed. Liberty is, however, reserved to the 2nd respondent to pass an order of demolition depending on the result of the appeal that has been filed by the petitioner in Appeal No.204/2024 before the Chief Commissioner, BBMP. 4. Writ Petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 3 Sl No.: 2