- 1 - NC: 2025:KHC:15498 WP No. 9465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9465 OF 2025 (LB-BMP) BETWEEN: 1. MR. SAI RAM H AGED ABOUT 43 YEARS RESIDING AT APARTMENT NO.G4, GROUND FLOOR, 2. MR. SUNIL KUMAR CHENICHERI S/O LATE. L. APPAKUTTY NAMBIAR AGED ABOUT 51 YEARS. RESIDING AT APARTMENT NO.F4, FIRST FLOOR, 3. MR. K. VENAKTESHWARA RAO S/O. C.K. ASHWATHANARAYAN RAO AGED ABOUT 60 YEARS RESIDING AT APARTMENT NO.T4, THIRD FLOOR, 4. MR. SHIVAPPA P. MARAGAL S/O PARAMAPPA MARAGAL AGED ABOUT 49 YEARS RESIDING AT APARTMENT NO.S4, SECOND FLOOR, ALL ARE R/AT PRABHAVATHI CORAL APARTMENTS, NO 17. GOTTIGERE VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 083. 5. MRS. SUJATHA SHAHI AGED ABOUT 64 YEARS W/O SHYAM SHARAN SHAHI, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15498 WP No. 9465 of 2025 RESIDING AT FLAT NO. C 208, MAHAVEER JONQUIL, 1ST CROSS, 3RD MAIN, PUTENAHALLLI, J.P. NAGAR, 7TH PHASE, BENGALURU - 560 078. …PETITIONERS (BY SRI. B.S. UMESH, ADVOCATE) AND: 1. BRUHATH BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, HUDSON CIRCLE, BENGALURU - 560 002. 2. THE EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU SOUTH DIVISION, SOUDHAMINI LAYOUT, AMRUTH NAGARA MAIN ROAD, BENGALURU - 560 062. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROVISIONAL ORDER AND NOTICE DATED 28.06.2024 BEARING NO.¸À:PÁ:C/CA.G.«/¦.N/20/1/2024-2025 AND PRODUCED HEREWITH AT ANNX-P AND Q AND CONFIRMATION ORDER DATED 12.07.2024 BEARING NO. AND PRODUCED AT ANNX-T, GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO ORDER AND NOTICE DATED 28.06.2024 BEARING NO.¸À:PÁ:C/CA.G.«/¹.N/20/2024-2025 AND PRODUCED HEREWITH AT ANNX-P AND Q AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:15498 WP No. 9465 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioners have sought for setting aside of the proceedings under Section 248 and in particular order passed at Annexure - T under Section 248(3) of the BBMP Act, 2020. 2. It is the case of the learned counsel appearing for respondent - BBMP that without entering into merits of the matter, the petitioners are to be relegated to avail of the remedy under Section 253 of the BBMP Act, 2020 as against the validity of the impugned proceedings in light of the availability of remedy under Section 253 as regards correctness and validity of orders under Section 248. As rightly pointed out by learned counsel appearing for the respondent - BBMP, petitioners are to be relegated to avail of the alternative remedy. 3. If the petitioners were to file an appeal within four weeks from today, the appeal of the petitioners before the Chief Commissioner is to be taken on record without raising any objections on the ground of limitation. - 4 - NC: 2025:KHC:15498 WP No. 9465 of 2025 4. The respondent - BBMP is not to take any precipitative action pursuant to the order under Section 248(3) till the request for interim prayer to be made by the petitioners in the appeal to be filed is considered. 5. Needless to state that the protection afforded in terms of the present order would remain in force only if petitioners were to file an appeal within a period stated above. 6. All contentions are kept open. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 21