- 1 - NC: 2025:KHC:4664 WP No. 2621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2621 OF 2025 (LB-BMP) BETWEEN: 1. M/S ELITE CONSTRUCTIONS REP BY PROPRIETOR SRI LINGARAJU, S/O SHIVAPPAJI AGED ABOUT 42 YEARS, R/A NO.8, NEAR IAS OFFICERS LAYOUT, PLOT NO. 302, 3RD FLOOR, BTM 2ND STAGE, BANGALORE - 560098. …PETITIONER (BY SRI. SATHISHA D J., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE - 560002. 2. THE ASSISTANT DIRECTOR OF CITY PLANNING YESHWANTHAPURA DIVISION, RAJAJESHWARI NAGAR ZONE, BRUHAT BANGALURU MAHANAGARA PALIKE BANGALORE - 560098. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTUTION OF INDIA., PRAYING TO QUASH THE PROVISIONAL ORDER DATED 27.11.2023 ISSUED BY THE 2ND REPSONDNET UNDER SECTION 248(1) OF BBMP ACT, BEARING Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4664 WP No. 2621 of 2025 NO.SA.NI(NAYO)/RARANAVA/PO/21/23-24, ISSUED BY THE 2ND RESPONDENT AT ANNEXURE-F, AND CONFIRMATION ORDER DATED 11.12.2023 UNDER SECTION 248(3) OF BBMP ACT, ISSUED BY THE 2ND RESPONDENT, BEARING NO.SA.NI(NAYO) /RARANAVA/CO /21/23-24, AT ANNEXURE-H, IN THE INTEREST OF JUSTICE AND EQUITY, 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. As could be seen from the prayers made in the writ petition, the petitioner is essentially challenging an order of confirmation, as against which, a statutory appeal is provided for. 2. In that view of the matter, it would be appropriate to relegate the petitioner to avail of the statutory remedy of appeal instead of entertaining writ petition. 3. This writ petition is therefore dismissed. - 3 - NC: 2025:KHC:4664 WP No. 2621 of 2025 4. Liberty is therefore reserved to the petitioner to file an appeal before the appellate authority within a period of four weeks from today, until then, the construction-in-question shall not be demolished. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 11