Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14690 (KAR)

ASHOK N v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/1921/2025 · 2025-01-29

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4042 WP No. 1921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1921 OF 2025 (LB-BMP) BETWEEN: 1. ASHOK N S/O SRI NARASINGHARAO AGED ABOUT 71 YEARS RESIDING AT 114, 3RD MAIN ROAD, 13TH CROSS, MARGOSA ROAD, BANGALORE-560 003 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. NATARAJ BABA K., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, N.R.SQUARE, BANGALORE-560 002. 2. THE ASSISTANT DIRECTOR TOWN PANNING, WEST BBMP, BASHYAM PARK, SHESHADRIPURAM BENGALURU-560 003. 3. THE ASSISTANT ENGINEER BBMP, BASHYAM PARK SHESHADRIPURAM BANGALORE-560 003. 4. ZONAL COMMISSIONER (WEST) BBMP, BASHYAM PARK SHESHADRIPURAM Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4042 WP No. 1921 of 2025 BANGALORE-560 020. 5. EXECUTIVE ENGINEER MALLESHWARAM DIVISION, BBMP, BANGALORE-560 009. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMOLITION ORDER DATED 06-01-2025 BEARING NUMBER ZC(W)/PR/16/2024-25 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by an order of demolition passed on 06.01.2025 on the ground that as against the order of confirmation that has been passed against the petitioner, the petitioner has preferred an appeal in Appeal No.283/2024 before the Chief Commissioner, Bruhat Bengaluru Mahanagara Palike ('the BBMP') and in the said appeal an interim order - 3 - NC: 2025:KHC:4042 WP No. 1921 of 2025 of status quo has been granted and nevertheless, an order of demolition has been passed. 2. In the light of the fact that an appeal has been filed against an order of confirmation and the Appellate Authority has also granted an interim order of status quo, it is obvious that the order of demolition passed on 06.01.2025 as per Annexure-A cannot be acted upon until the appeal is disposed of. 3. It is, therefore, ordered that Annexure-A shall not be given effect to until the disposal of Appeal No.283/2024, Writ Petition is, accordingly, disposed of. 4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 28