- 1 - NC: 2025:KHC:11574 WP No. 5791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5791 OF 2025 (LB-BMP) BETWEEN: 1. SRI K N SHESHADRI GOWDA SON OF LATE SRI NARAYANAPPA, AGED ABOUT 64 YEARS, OWNER OF PROPERTY NO.8DM-403, (PID NO.88-250-8DM-403) 1ST BLOCK, EXTENSION, HENNUR ROAD, WARD NO.27, BANASAWADI, BENGALURU-43. … PETITIONER (BY SRI. C SHANKAR REDDY., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, MARUTHISEVA NAGAR SUB-DIVISION, R.S PALYA, KAMMANAHALLI MAIN ROAD, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11574 WP No. 5791 of 2025 SEETHAMMA ROAD, BENGALURU-84 … RESPONDENTS (BY SRI. PRAVEEN KUMAR RAIKOTE AND SMT. SUMANGALA GACHCHINAMATH, ADVOCATES) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN NO. VA.AA(PU)/356(1)/41/2024-25 FROM THE R-2, THE ASSISTANT EXECUTIVE ENGINEER, BBMP, ISSUE NOTICES TO THE RESPONDENTS, HEAR THE PARTIES TO THE ABOVE WRIT PETITION AND QUASH THE ORDER DTD. 10.01.2025 MADE IN NO. VA.AA(PU)/356/(1)/41/2024-25 ON THE FILE OF THE R-2 THE ASSISTANT EXECUTIVE ENGINEER, BBMP PRODUCED AND MARKED AS ANNEXURE-N TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed calling in question the correctness of the order at Annexure-N which is an order for demolition passed under Section 356(1) of the BBMP Act, 2020. 2. Learned counsel for the petitioner submits that consequent to the order of the Chief Commissioner at - 3 - NC: 2025:KHC:11574 WP No. 5791 of 2025 Annexure-M, the appeal at the instance of the petitioner challenging the proceedings under Section 248 of the Act was allowed and the matter was remitted for fresh consideration. Accordingly, it is submitted that the order at Annexure-N could not have been passed without adhering to the directions of the Chief Commissioner in the appeal. 3. Sri. Praveen Kumar Raikote, learned counsel appearing for respondents has filed a memo enclosing copy of the endorsement dated 11.03.2025. The memo reads as hereunder: "In the above matter the petitioner has questioned Annexure-N on various grounds and the respondents have passed an order withdrawing Annexure-N with liberty to take action under the provisions of Section 248 of the BBMP Act. A copy of the said order is filed herein along with this Memo. The Writ Petition has therefore become infructuous for the present and therefore the Writ Petition may be dismissed as having become infructuous, in the interest of equity and justice." - 4 - NC: 2025:KHC:11574 WP No. 5791 of 2025 4. In light of the same, petition is disposed off as not calling for any adjudication taking note that the respondent - BBMP intends to start proceedings afresh in terms of the order of the Chief Commissioner. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP