- 1 - NC: 2025:KHC:8779 WP No. 5639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5639 OF 2025 (LB-BMP) BETWEEN: 1. SRI. KARIGOWDA C S/O CHIKKABOREGOWDA, AGED ABOUT 58 YEARS, R/AT 5TH MAIN, DWARAKA NAGAR, RAJARAJESHWARI NAGAR BANGALORE-560098 …PETITIONER (BY SRI. BHASKAR GOWDA N M., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BBMP, HUDSON CIRCLE BENGALURU 560 002 2. ZONAL COMMISSIONER, RAJARAJESHWARI NAGAR SUB-DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU-560098 3. THE ASSISTANT EXECUTIVE ENGINEER, RAJARAJESHWARI NAGAR SUB DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, BANGALORE 560098 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 15.02.2025 PASSED IN APPEAL NO. 243/2024 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8779 WP No. 5639 of 2025 AS PER ANNX-B, PASSED BY THE R-1/ CHIEF COMMISSIONER, BBMP, 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 writ petition is filed challenging an order passed by the Chief Commissioner, whereby the Chief Commissioner has up held a provisional order. 2. It cannot not be in dispute that the Bruhat Bengaluru Mahanagara Palike ('the BBMP') is first required to issue a provisional order, consider objections and, thereafter, pass an order of confirmation, as against the order of confirmation, an appeal is provided for. 3. In this view of the matter, the very filing of the appeal by the petitioner and the dismissal was untenable and the dismissal of the appeal would also therefore be vitiated. Having regard to the admitted facts, no order of confirmation has been passed, in my view, it would be appropriate to set aside the - 3 - NC: 2025:KHC:8779 WP No. 5639 of 2025 order of the Appellate Authority and direct the petitioner to file his objections to the provisional order within a period of two weeks from today. On such objections being filed, the Appellate Authority shall consider the same and decide as to whether the case warrants the issuance of an order of confirmation and proceed thereafter. 4. This writ petition is accordingly disposed of. 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.: 13