- 1 - NC: 2025:KHC:14936 WP No. 10774 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10774 OF 2025 (LB-BMP) BETWEEN: 1. SRI. DEEPARAM CHOUDHARY S/O GELARAM CHOUDHARY, AGED ABOUT 59 YEARS, 2. SMT. BHIKI DEVI W/O SRI.DEEPARAM CHOUDHARY AGED ABOUT 54 YEARS, RESIDING AT NO.28, 3RD FLOOR, ANJANEYA TEMPLE STREET, CUBBONPETE, BENGALURU-560 002, … PETITIONERS (BY SRI. SARASWATHI M., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER AND APPELLATE AUTHORITY BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE BANGALORE-560 002 2. THE ZONAL COMMISSIONER EAST ZONE, BBMP PUBLIC UTILITY BUILDING Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14936 WP No. 10774 of 2025 MG ROAD, BANGALORE - 560 001 … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i) QUASH / SETTING ASIDE THE PROVISIONAL ORDER DATED 05/03/2025 BEARING NO. ZC/E/PO/PR/125/24-25 PASSED BY R2 UNDER SECTION 248(1) AND (2) OF THE BBMP ACT 2020, PRODUCED HEREWITH AS ANNEXURE-E 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 Petitioners have called in question the correctness of the order passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act'), whereby the provisional order has been confirmed. 2. Learned counsel appearing for respondent - BBMP submits that as against the order at Annexure-F, appellate remedy under Section 253 of the Act is available. 3. Taking note that as against the order under Section 248(3) of the Act, there is appellate remedy under - 3 - NC: 2025:KHC:14936 WP No. 10774 of 2025 Section 253 of the Act, it would be appropriate to relegate the petitioners to avail the alternative remedy. In the interregnum, there would be stay of the order under Section 248(3) of the Act and proceedings pursuant thereto, till application for stay in the appeal to be filed by the petitioners is considered by the appellate authority. Needless to state that the petitioners are required to file the appeal within a period of 2 weeks from the date of receipt of certified copy of this order. In the event the appeal is filed within such time, the benefit of stay of the order under Section 248(3) of the Act would enure to the petitioners. The appeal if filed within 2 weeks as ordered, to be taken up without raising any objections regarding delay. Noticing the violation in Column-7 of the order under Section 248(1) of the Act, petitioners not to put up any further construction and may seek permission from the respondent - BBMP to put up further construction and it is left to the respondent - BBMP to take a decision as regards such aspect. All contentions are kept open. - 4 - NC: 2025:KHC:14936 WP No. 10774 of 2025 4. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP