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2025 DAILYLAW 17172 (KAR)

SRI BALAJI A v. THE COMMISSIONER

WP/4425/2025 · 2025-02-13

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:6574 WP No. 4425 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. 4425 OF 2025 (LB-BMP) BETWEEN: 1. SRI BALAJI A SON OF ANAND. S, AGED ABOUT 40 YEARS, NO.9, 80/H, 1 CROSS, MARENAHALLI, VIJAYANAGAR, BENGALURU-560 040.. …PETITIONER (BY SRI. S.K.VENKATACHALAPATHI., ADVOCATE) AND: 1. THE COMMISSIONER BBMP, S.J.P ROAD BANGALORE-560009. 2. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), WEST DIVISION, BHASSYAM PARK, SHESHADRIPURAM, BENGALURU-560 020. 3. THE ASSISTANT EXECUTIVE ENGINEER BUBAT BENGALURU MAHANAGARA PALIKE (BBMP), GOVINDARAHANAGARA SUB-DIVISION, WARD NO.125, BENGALURU-560 040. 4. THE ASSISTANT DIRECTOR, TOWN PLANNING (WEST) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), WEST DIVISION, BHASSYAM PARK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6574 WP No. 4425 of 2025 SHESHADRIPURAM, BENGALURU-560 020. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTICE DATED. 30.01.2025 ISSUED BY R-3 VIDE NO. VA.A(PA)/P.R./1816/2024-25 AND ON THE BASIS OF THE ORDER PASSED VIDE ANNEXURE-A ORDER DATED. 27.07.2023 VIDE ORDER NO. MU.AA/P.R/101/2023-24 ISSUED BY R-1, 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. This petition is filed seeking quashing of order/notice dated 30.01.2025, by which, the Bruhath Bengaluru Mahanagara Palike (“the BBMP”) has stated that it would be proceeding with demolition of the structure constructed by the petitioner. 2. It is not in dispute that as against said order/notice, an appeal was preferred by the petitioner and the appeal is yet to be considered by the Authority. - 3 - NC: 2025:KHC:6574 WP No. 4425 of 2025 3. In my view, since the petitioner preferred an appeal, it would be appropriate to direct the BBMP to keep the order/notice dated 30.01.2025 in abeyance till the disposal of the appeal filed by the petitioner. 4. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 3 Sl No.: 1