- 1 - NC: 2025:KHC:11667 WP No. 8292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8292 OF 2025 (LB-BMP) BETWEEN: 1. MR KIRAN KUMAR MAHAVEER S/O S. MAHAVEER CHAND, AGED ABOUT 40 YEARS, 2. MRS. KUSUM KIRAN, S/O S. MAHAVEER CHAND, AGED ABOUT 36 YEARS, BOTH R/AT NO.242, 2ND FLOOR, 13TH CROSS, INDIRANAGAR II STAGE, BENGALURU-560 038 … PETITIONERS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR SRI NAGARAJ SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU- 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11667 WP No. 8292 of 2025 BENGALURU-560 002 REP. BY ITS CHIEF COMMISSIONER. 3. THE ZONAL COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, EAST ZONE, M.G. ROAD, BENGALURU-560 001. … RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R2 & R3; SMT. B.P. RADHA, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE TEMPORARY ORDER DTD 21.02.2025 BEARING NO. BBMP/VAAA/BEN/111/24-25 ISSUED BY THE R-3 AND THE NOTICE DTD 21.02.2025 BEARING NO. VAAA/BEN/111/24-25 ISSUED BY THE R-3 VIDE ANNEXURES-A AND B AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the order at Annexure-A dated 21.02.2025 passed under Section 248 (1) relating to illegal construction and has also sought to set aside the order at Annexure-B dated 21.02.2025 passed under Section 248 (2) of the BBMP Act, 2020. It is submitted that prior to passing of the - 3 - NC: 2025:KHC:11667 WP No. 8292 of 2025 order under Section 248 (3), petitioner submits that he has not been afforded an opportunity to make out his stand. 2. It is further submitted that before the competent authority of the respondent-Corporation makes an order under Section 248 (2) since such an order would be preceded by inspection by the respondent authorities, it is appropriate that petitioner would have been granted an opportunity to be present at the time of such inspection. 3. It is noticed that the matter is still at the stage of 248 (2) and 248 (3) order is still not been passed. 4. In light of the contentions raised, it would be appropriate to set aside the proceedings reserving liberty to the respondent-BBMP to initiate proceedings with due notice to the petitioner in terms of Section 248. 5. Needless to state, as the report already on record though not final would indicate that there has been some deviation, petitioner not to carry out any construction - 4 - NC: 2025:KHC:11667 WP No. 8292 of 2025 except with permission of BBMP subject to further consideration by the BBMP. Petitioner to appear before the concerned AEE, BBMP on 27.03.2025. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP