- 1 - NC: 2025:KHC:10998 WP No. 7800 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7800 OF 2025 (LB-BMP) BETWEEN: B.R. LEELAVATHI W/O LATE B N RAMAKRISHNA AGED ABOUT 89 YEARS R/AT NO.3054, 11TH MAIN HAL 2ND STAGE INDIRANAGAR BANGALORE - 560 038 REP BY GPAHOLDER B.R. SANJAY …PETITIONER (BY SRI. SUBRAMANYA R., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS COMMISSIONER N.R. SQURE BANGALORE - 560 001 2. ASSISNTAT EXECUTIVE EINGENER BRUHAT BENGALURU MAHANAGARA PALIKE JEEVAN BHIMA NAGAR SUB DIVIIOSN BANGALORE - 560 075 3. EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE C.V. RAMAN NAGARA DIVSION 12TH A MAIN, 8TH CROSS HAL 2ND STAGE INDIRANAGAR BANGALORE - 560 093 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10998 WP No. 7800 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF DEMOLITION DATED 06.12.2024 ISSUED BY RESPONDENT NO. 3 BEARING NO. EE/CV/PR/06/2024-25 (ANNEXURE-A) AND QUASH THE ORDER OF CONFIRMATION DATED 14.10.2024 PASSED BY RESPONDENT NO. 2 BEARING NO. SAKANIAA (J.B.N) C.O./12/2024- 25 AT ANNEXURE-C 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 Learned Counsel Sri.Pawan Kumar accepts notice for respondent nos.1 to 3. 2. The petitioner has sought to challenge the demolition order at Annexure-A dated 06.12.2024 passed by the respondent no.3, as also the order of confirmation at Annexure-C dated 14.10.2024 passed by the respondent no.2 under Section 248 (3) and the provisional order dated 23.09.2024 at Annexure-B passed by the respondent no.2 under Section 248 (1) of the BBMP Act, 2020 ("the Act", for short). 3. It is noticed that the petitioner has statutory right of appeal under Section 253 as against the order under - 3 - NC: 2025:KHC:10998 WP No. 7800 of 2025 Section 248 (3) by filing an appeal before the Chief Commissioner. 4. It is submitted that in light of impending demolition, petitioner was constrained to approach this court. 5. Taking note of substantial remedy of appeal available under Section 253 before the Chief Commissioner, the petition stands disposed off. All contentions are kept open to enable reasonable time for the petitioner to file an appeal. 6. Respondent-BBMP not to take any action pursuant to the order under Section 256 for a period of three weeks. 7. Though this court has granted three weeks time for availing of substantial remedy, it is clarified that the interim order of stay of the impugned order of demolition would continue till consideration of the interim relief - 4 - NC: 2025:KHC:10998 WP No. 7800 of 2025 sought for in the appeal to be filed. However, it is clarified that the benefit extended regarding stay of the order of demolition is subject to petitioner filing an appeal within a period of three weeks from today as observed above. The appeal would be taken on Board without raising any objection on the ground of delay. Sd/- (S SUNIL DUTT YADAV) JUDGE NP