- 1 - NC: 2025:KHC:11889 WP No. 6749 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6749 OF 2025 (LB-BMP) BETWEEN: 1. SRI NARASIMHA SWAMY A, S/O LATE ANANTHA RAMAIAH, AGED ABOUT 60 YEARS, R/O.NO,974, 9TH MAIN, 13TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU-560-070. 2. SRI MADUSUDHN AKKIHEBBAL, S/OLATE ANANTHA RAMAIAH, AGED ABOUT 53 YEARS, R/O.NO.974, 9TH MAIN, 13TH CROSS, BANASHANKARI, 2ND STAGE, BENGALURU-560 070. …PETITIONERS (BY SRI HARISH N.R, ADVOCATE) AND: 1. THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, N.R.SQUARE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH ZONE), CORPORATION COMMERCIAL COMPLEX BUILDING, 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGARA, BENGALURU-560011. 3. THE REGIONAL COMMISSIONER, SOUTH ZONE, CORPORATION COMMERCIAL COMPLEX BUILDING, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11889 WP No. 6749 of 2025 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGARA , BENGALURU-560011. …RESPONDENTS (BY SMT SINCHANA M R, ADVOCATE FOR R1, SMT B P RADHA AGA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL ORDER PASSED BY THE R-2 BEARING NO. SA.NI.NA.YO(DA)/P.O/110/2024-24 DTD. 08.08.2024 AND CONSEQUENTIAL SHOW CAUSE NOTICE DTD. 08.08.2024 PRODUCED AND MARKED AS ANNX-K AND L TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of the order passed at Annexure-M which is an order for demolition under Section 356(1) of the BBMP Act, 2020 (for short 'the Act'). It is the case of the petitioner that there was no notice of the provisional order under Section 248(1) of the Act and order under Section 248(3) of the Act. Noticing that as against such orders under Section 248(3) of the Act an appeal lies before the Chief Commissioner under Section 253(1) of the Act, it would be appropriate to relegate the petitioner to avail - 3 - NC: 2025:KHC:11889 WP No. 6749 of 2025 remedy of substantive appeal under Section 253(1) of the Act. Accordingly, the petition is disposed off. 2. Petitioner is reserved with liberty to challenge the orders under Section 248(3) of the Act as well as the impugned consequential order at Annexure-M as per law. If appeal is filed within a period of two weeks from today, same to be taken up by the Chief Commissioner without raising any objection on the point of delay. 3. Needless to state the order under Section 248(3) dated 17.08.2024 as well as order passed under Section 356(1) of the Act would be kept in abeyance till the Chief Commissioner, BBMP considers request of the petitioner for interim order in the appeal to be filed. 4. Accordingly, petition is disposed off. 5. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE CHS List No.: 1 Sl No.: 38