- 1 - NC: 2025:KHC:5506 WP No. 3524 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3524 OF 2025 (LB-BMP) BETWEEN: 1. SRI SRIKKANTH S S/O SHIVAPRAKASH, AGED ABOUT 42 YEARS, R/AT NO.002, MITTAL BERLIE APARTMENT, BERLIE STREET CROSS, LANGFORD TOWN, SHANTINAGAR, BANGALORE-560025 …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE N.R.SQUARE BANGALURU-560 002 2. THE ZONAL COMMISSIONER (SOUTH) MAHANAGARA PALIKE COMMERCIAL COMPLEX BUILDING, 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK JAYNAGARA, BANGLORE-560011 3. THE ASSISTANT EXECUTIVE ENGINEER V V PURAM SUB-DIVISION, 7TH MAIN ROAD, 7TH CROSS ROAD, JAYANAGAR 2ND BLOCK, BBMP, BANGALORE -560 011 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CONFIRMATION ORDER DATED 04/01/2025 BEARING NO.VA.A. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5506 WP No. 3524 of 2025 (DHA)PR/18/2024-25 PASSED UNDER 248(3) AND NOTICE UNDER SECTION 356(1) OF BBMP ACT, BY RESPONDENT No.2 VIDE ANNEXURE G TO THE 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. The petitioner is aggrieved by both the Provisional Order as well as the order of confirmation. 2. As against these orders, there is a remedy of a statutory appeal. However, the petitioner points out that the Bruhat Bengaluru Mahanagara Palike ('the BBMP') has also proceeded to pass an order of demolition on the same day under Section 356(2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020. 3. The learned counsel therefore submits that the concerned Zonal Commissioner of BBMP has fundamentally frustrated his right of filing an appeal. 4. In my view, since the petitioner has the remedy of an appeal, it would be appropriate to stay the operation of - 3 - NC: 2025:KHC:5506 WP No. 3524 of 2025 order, a copy of which is produced at Annexure ‘G’, for a period of three weeks from today in view of the undertaking given by the petitioner that he would prefer an appeal within a period of two weeks from today. 5. If such an appeal is preferred, the petitioner’s structure shall not be demolished till the disposal of the appeal and the order of demolition shall be kept in abeyance until then. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 2 Sl No.: 1