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2025 DAILYLAW 18945 (KAR)

MR. MOHAMED ARIF, v. THE STATE OF KARNATAKA

WP/6187/2025 · 2025-02-28

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:8916 WP No. 6187 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. 6187 OF 2025 (LB-BMP) BETWEEN: 1. MR. MOHAMED ARIF, SON OF MOHAMMED KHAN, AGED ABOUT 40 YEARS, RESIDING AT NO. HIG-25, 2ND CROSS, KUVEMPUR NAGAR, HASSAN 573201 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT AND MUNICIPALITY AFFAIRS, M.S.BUILDING, BENGALURU 560 001 2. THE COMMISSIONER, BBMP, HUDSON CIRCLE BENGALURU 560 002 3. THE ZONAL COMMISSIONER, BANGALORE EAST, PU BUILDING, 10TH FLOOR, BBMP, BANGALORE 4. THE AEE, BBMP, MARUTHI SEVANAGAR SUB DIVISION, RS PALYA, KAMMANAHALLI MAIN ROAD, BANGALORE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8916 WP No. 6187 of 2025 5. THE AEE(ELE), E5 SUB DIVISION, BESCOM, BANGALORE …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. PAWAN KUMAR., ADVOCATE FOR R-2 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CONFIRMATION ORDER DATED. 12.02.2025 VIDE VA.AH(EAST)/VA-59/85/CO/38/2024-25 AS PER ANNEXURE-F PASSED BY THE R-3, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. As against the impugned orders, which is a provisional order and an order of confirmation, the statute provides for an appeal to the Chief Commissioner. 2. In that view of the matter, it would be appropriate to relegate the petitioner to avail of the said remedy by way of an appeal. 3. Learned counsel, however, submits that the petitioner has been called upon to surrender or - 3 - NC: 2025:KHC:8916 WP No. 6187 of 2025 vacate the commercial units in their possession before 14.03.2025 and hence, should be protected till they file an appeal. He also undertakes that an appeal would be filed within a period of three weeks. 4. In the light of the said submission, this Writ Petition is disposed of permitting the petitioners to prefer an appeal within a period of three weeks and until the consideration of the interim prayer in the appeal, no precipitative action be taken against the petitioner. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 2 Sl No.: 7