- 1 - NC: 2025:KHC:15152 WP No. 10954 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10954 OF 2025 (LB-BMP) BETWEEN: SMT P V PUSHPALATHA WIFE OF LATE A. MUNEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT NO. 73, 7TH CROSS, 60 FEET ROAD, J.C. NAGAR, MAHALAKSHMIPURAM, BANGALORE - 560 086 …PETITIONER (BY SRI. NANDA KUMAR B.L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA-2, BANGALORE - 560 001 2. THE COMMISSIONER BBMP OFFICE, HUDSON CIRCLE, BANGALORE 3. THE ASSISTANT EXECUTIVE ENGINEER NAGAPURA, SUB-DIVISION BBMP COMPLEX, MAHALAKSHMI LAYOUT, BANGALORE - 560 086 …RESPONDENTS Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15152 WP No. 10954 of 2025 (BY SMT. B.P. RADHA, AGA FOR R1 SRI. PAWAN KUMAR, ADVOCATE FOR R2 AND R3) THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASHING ANNEXURE-A PASSED BY THE RESPONDENT NO. 3 DATED 3-4- 2025 VIDE NO. SKNA/N.PU/PR/08/2025-26 BY ALLOWING THIS WRIT PETITION. (B), DIRECTING THE RESPONDENTS TO DROP ALL FURTHER PROCEEDINGS OF DEMOLITION, AS AGAINST THE PETITIONERS PROPERTY 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 1. The petitioner has challenged the order under Section 248(3) of the BBMP Act, 2020 as well as the notice for demolition at Annexure - A. 2. It is the case of the petitioner that the proceedings under Section 248(3) are not legally tenable as there was no proper notice. - 3 - NC: 2025:KHC:15152 WP No. 10954 of 2025 3. It is noticed that as against the order under Section 248, an alternative remedy of filing an appeal in terms of Section 253 of the BBMP Act is available. 4. It would be appropriate to relegate the petitioner to avail of the alternative remedy insofar as the challenge to the impugned order that has been passed. 5. If the petitioner were to file an appeal before the Chief Commissioner in terms of Section 253 of the BBMP Act, within two weeks from today, the appeal to be taken on record by the Chief Commissioner without raising any objection as regards the point of delay. 6. The order under Section 248(3) and proceedings pursuant thereto would remain stayed till the Chief Commissioner considers the application for stay to be filed by the petitioner. 7. Needless to state such relief would enure to the benefit of the petitioner, if the petitioner were to file an - 4 - NC: 2025:KHC:15152 WP No. 10954 of 2025 appeal in terms of the observation made above within two weeks. 8. All contentions are kept open. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 27