- 1 - NC: 2025:KHC:13760 WP No. 9419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9419 OF 2025 (LB-BMP) BETWEEN: SRI. VAIBHAV JAIN S/o. SRI. G. SHANTHILAL, AGED ABOUT 29 YEARS, RESIDING AT NO.741/10, 9TH CROSS, MRCR LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. …PETITIONER (BY SRI. ANANTHAKRISHNA B S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE ZONAL COMMISSIONER WEST ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, BASHYAM PARK, SHESHADRIPURAM, BENGALURU - 560 020. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, 4TH MAIN ROAD, BYRAVESHWARANAGAR, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13760 WP No. 9419 of 2025 MOODALPALYA, BENGALURU - 560 072. …RESPONDENTS (BY SRI. S.BOPANNA BELLIAPPA, AGA FOR R1 SRI. PAWAN KUMAR, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE ORDER DTD 06.03.2025, PASSED BY THE R-2 VIDE ORDER BEARING NO. BBMP/VA AA/PA VA/P.R /141/2024-25 MARKED AND PRODUCED AT ANNX-A 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 1. The petitioner has sought for setting aside of the Provisional order under Section 248(1) of the BBMP Act, 2020 whereby the respondent - BBMP has pointed out that the construction is illegal. 2. It is noticed that, the Notice under Section 248(2) has been issued. Petitioner had approached this Court at this stage. Pursuant to the notice at Section 248(2), petitioner is at liberty to put forth his stand and explain as to why the Provisional order under Section 248(1) need not be made absolute and Confirmation order be passed - 3 - NC: 2025:KHC:13760 WP No. 9419 of 2025 under Section 248(3). Accordingly, we find that the present petition is premature. 3. It is also noticed that the order under Section 248(1), contains an order of restraint not to put up any construction. 4. Needless to state petitioner is to be bound by such order of restraint till the same is varied by the respondent - BBMP. 5. All contentions raised herein are kept open to be raised before the respondent - BBMP appropriately. 6. Respondent - BBMP to hear the petitioner, take note of the objections if filed within ten days from the date of receipt of the order and proceed further as regards the proposed order under Section 248(3). Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 16