- 1 - NC: 2025:KHC:17275 WP No. 11149 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11149 OF 2025 (LB-BMP) BETWEEN: 1. SRI MANU KUMAR S/O. SRI. MALLESAPPA AGED ABOUT 40 YEARS, RESIDING AT, NO. 1629 'A', 2ND FLOOR, 6TH CROSS, GUNDAPPA LAYOUT, HMT LAYOUT, NAGASANDRA BENGALURU KARNATAKA - 560 073. … PETITIONER (BY SRI. KRISHNA B J., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE COMMISSIONER BBMP NR SQUARE, B B M P HEAD OFFICE, BENGALURU - 560 002. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17275 WP No. 11149 of 2025 3. THE ZONAL COMMISSIONER, BBMP, OFFICE OF THE ZONAL COMMISSIONER, DASARAHALLI DIVISION, BENGALURU - 560 057. 4. THE ASSISTANT EXECUTIVE ENGINEER, PEENYA INDUSTRIAL AREA SUB-DIVISION, DASARAHALLI DIVISION, 3RD BLOCK, 2ND MAIN ROAD, 2ND AND 4TH CROSS, NEAR BY B W S S B WATER TANK HMT EXTENSION, NAGASANDRA POST, BENGALURU - 560 073. … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI N.R. JAGADEESHWAR, ADVOCATE FOR R2 TO R4) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH THE IMPUGNED NOTICE DATE 28-02-2025 NO. BBMP/SA KA A/PEE. KRI. PRA. HU. VE/PR/473/2024-25 ISSUED UNDER SECTION 313 OF BBMP ACT, 2020 BY THE 3RD RESPONDENT - THE ZONAL COMMISSIONER, BBMP. DASARAHALLI DIVISION, BENGALURU VIDE ANNEXURE-D 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 - 3 - NC: 2025:KHC:17275 WP No. 11149 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. Sri N.R.Jagadeeshwara, learned counsel accepts notice for respondent Nos.2 to 4. The petitioner has called in question the validity of proceedings initiated under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 ('BBMP Act' for short) 2. Learned counsel appearing for respondent Bruhat Bengaluru Mahanagara Palike submits that, as regards the Provisional Order passed under Section 248 of the BBMP Act, notice has been issued to make out a reply under Section 248(2) and the petitioner has till date not made out any reply. It is further submitted that the Writ Petition has been filed at a premature stage. 3. Learned counsel appearing for respondent - BBMP further draws attention to the order under Section 248(1) and submits that there is a remark that two extra floors have been constructed. - 4 - NC: 2025:KHC:17275 WP No. 11149 of 2025 4. It is to be noticed that the order under Section 248(3) would be passed after objections of the petitioner to the notice under Section 248(2) is considered. 5. In light of the statutory Scheme, it is open to the petitioner to raise all the contentions. Regarding non-receipt of order under Section 248(1), the notice in original produced at Annexure-'F' is to be taken note of by the petitioner and necessary stand to be taken before the respondent BBMP within two weeks from the date of receipt of this order. Upon such stand being taken, the respondent - BBMP to consider the objections and pass orders as is permissible under Section 248(3) of the BBMP Act. 6. It is noticed that in the 'remarks' column in the order under Section 248(1) shows that two extra floors have been put up. 7. Needless to state, without prejudice to the pending proceedings, the petitioner is to make out a representation to the respondent BBMP as per law for - 5 - NC: 2025:KHC:17275 WP No. 11149 of 2025 modified plan under Section 240(8) insofar as extra floors are concerned/ seek for uploading of T.D.R./ make efforts for obtaining premium F.A.R. as per the existing scheme. Such representation to be made by the petitioner to the concerned officials of respondent - BBMP within a period of four weeks from today. If such request is made by the petitioner, without waiting for the closure of proceedings pending under Section 248, the respondent BBMP to consider and pass appropriate orders within six weeks thereafter. 8. Needless to state that the petitioner is to abide by the conditions stipulated in the order passed under Section 248(1) of the BBMP Act. Accordingly, petition is disposed off with the above observations. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR