- 1 - NC: 2025:KHC:6454 WP No. 3079 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3079 OF 2025 (LB-BMP) BETWEEN: 1. D.V. VENKATESH S/O D N VISHWANATH AGED ABOUT 55 YEARS R/AT FLAR NO. 003, KTA APARTMENT NO. 17/33, RAJ NARAYAN VILAS KANAKAPURA RAOD, BASAVANAGUDI BANGALORE 560 004 AADHAR 9296 7295 2658 2. CHANDRAKALA D V W/O D V VENKATESH AGED ABOUT 51 YEARS R/AT FLAT NO. 003, KTA APARTMENT NO. 17/33 RAJ NARAYAN VILAS KANAKAPURA ROAD, BASAVANAGUDI BANGALORE 560 004 AADHAR 411118758656 …PETITIONERS (BY SRI. GOPAL SINGH., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANGARA PALIKE N R SQUARE, BANGALORE 560 002. 2. THE ASSITANT DIRECTOR OF TOWN PLANNING (SOUTH) COMMERCIAL COMPLEX BRUHAT BENGAURU MAHANAGARA PALIKE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6454 WP No. 3079 of 2025 9TH CROS ROAD, 9TH MAIN ROAD 2ND BLOCK, JAYANAGARA, BENGALURU 560 011. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGAURU MAHANGARA PALIKE J P NGARA SUB DIVISION BANGALORE 560 011 …RESPONDENTS (BY SMT. M.R.SINCHANA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE AND ORDER DATED 21.06.2024, BEARING NO.60/2024-25,PASSED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A AND B, 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. The petitioners are challenging an order of confirmation passed by under Section 248(3) of the BBMP Act. 2. It is not in dispute that as against the order of confirmation passed under Section 248(3), an appeal lies to the Chief Commissioner, in my view, therefore, it would be appropriate to relegate the petitioners to avail the remedy of appeal as provided under the statute before the Chief Commissioner. - 3 - NC: 2025:KHC:6454 WP No. 3079 of 2025 3. It is needless to state that the petitioners can raise the contention that the entire proceedings initiated by the concerned officer was without jurisdiction. 4. This writ petition is therefore dismissed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 3