- 1 - NC: 2025:KHC:15562 WP No. 11308 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. 11308 OF 2025 (LB-BMP) BETWEEN: 1. SRI GIRISH K S S/O K.S.SHARMA RAO, AGED ABOUT 61 YEARS, R/AT NO.140, 8TH MAIN, 3RD STAGE, BEML LAYOUT, RAJARAJESHWARINAGAR, BENGALURU-560 098. … PETITIONER (BY SRI. SOMASEKHAR NAIDU B., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION CIRCLE, HUDSON CIRCLE, BENGALURU- 560 002 REPRESENTED BY ITS COMMISSIONER. 2. THE ZONAL OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, IDEAL HOMES, 18TH CROSS, RAJARAJESHWARI NAGAR ZONE, BENGALURU- 560 098. 3. THE ASSISTANT DIRECTOR OF TOWN COUNTRY PLANNING Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15562 WP No. 11308 of 2025 10TH CROSS ROAD, 'A' BLOCK, E BLOCK, BASAVESHWAR NAGAR, BENGALURU- 560 055. 4. THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, REMCO BHEL LAYOUT, KENCHENHALLI, RAJARAJESHWARI NAGAR ZONE, BENGALURU- 560 098. 5. THE ASST. EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 6. REVENUE INSPECTOR, BRUHAT BENGALURU MAHANAGARA PALIKE, BEML COMPLEX, NEAR MANGO THOP, RAJARAJESHWARI NAGAR, BENGALURU- 560 098. 7. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BENGALURU- 560 098. 8. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE ELECTRICITY - 3 - NC: 2025:KHC:15562 WP No. 11308 of 2025 SUPPLY COMPANY, 41ST CROSS, RAJARAJESHWARI NAGAR, BENGALURU- 560 098. 9. SRI.VIJAY KUMAR. Y.P, S/O Y.T.PUTTURAJU, AGE MAJOR, R/AT NO.27-A, 1ST MAIN, 1ST CROSS, HSK EXTENSION, BSK 3RD STAGE, BANGALORE- 560 085. … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 & R2, R4 TO R6; SMT. B.P. RADHA, AGA FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE DATED 25-03-2025 IN NOTICE NO. V.R/R.R.NO/P.O/198/2024-25 ISSUED BY THE RESPONDENT NO.2 I.E., THE ZONAL OFFICER, BBMP UNDER SECTION 248(3) AND SECTION 356(1) OF THE BBMP ACT DATED 25.03.2025 FOR DEMOLITION WHICH IS ANNEXED AS ANNEXURE - A 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 Sri Pawan Kumar, learned counsel accepts notice for respondent Nos.1, 2, 4 to 6. Smt.B.P.Radha, learned Additional Government Advocate accepts notice for respondent No.3. - 4 - NC: 2025:KHC:15562 WP No. 11308 of 2025 2. The petitioner has called in question the validity of the proceedings initiated under Section 248(3) of the Bruhat Bengaluru Mahangara Palike Act, 2020 ('BBMP Act' for short) at Annexure-'A' dated 25.03.2025. Various other contentions have been raised including that the petitioner was not notified of the proceedings under Section 248 of the BBMP Act. 3. It is noticed that as against the order passed under Section 248(3), there is an alternative remedy before the Chief Commissioner under Section 253 of the BBMP Act. 4. Taking note of the same, it would be appropriate to relegate the petitioner to avail of the substantive remedy of appeal as against the order passed under Section 248(3) of the BBMP Act. The appeal to be filed before the Chief Commissioner within two weeks. If an appeal is filed within two weeks by the petitioner, the appeal to be taken on record without raising any objection on the ground of delay. - 5 - NC: 2025:KHC:15562 WP No. 11308 of 2025 5. The respondent-BBMP is restrained from taking any action pursuant to the order passed under Section 248(3) till interim relief sought for by the petitioner is considered and orders are passed by the Appellate Authority. All contentions are kept open. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR