- 1 - NC: 2025:KHC:15561 WP No. 11419 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. 11419 OF 2025 (LB-BMP) BETWEEN: 1. MR. SYED SADIQ S/O SYED GHOUSE @ SARDAR AGED ABOUT 57 YEARS R/AT NO.5/3, DAVIS ROAD COOKE TOWN BENGALURU - 560 084 2. MRS. SYED HAFSA W/O J SUHAI AHMED D/O SYED WASIQ AGED ABOUT 34 YEARS R/AT NO. 43 1ST FLOOR LOKESH TENT ROAD SHAMANNA LAYOUT LINGARAJAPURAM BANGALORE - 560 084 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER 3. MRS. SYEDA SARA W/O MR. MAQSOOD AHMED D/O MR. SYED WASIQ AGED ABOUT 30 YEARS Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15561 WP No. 11419 of 2025 R/AT NO.10, MILLERS ROAD NEXT TO UTC COLLEGE BENSON TOWN BANGALORE - 560 084 PETITIONERS NO.1 TO 3 ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI SAHIL SALMAN KHAN S/O KAREEM AMJAD KHAN AGED ABOUT 30 YEARS R/AT NO. 1, FORTUNE SQUARE CALESTON ROAD, COOKE TOWN BANGALORE - 560 005 … PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560 002 2. THE ZONAL COMMISSIONER EAST ZONE, 10TH FLOOR SUBASH CHANDRA BOSE BUILDING M G ROAD BANGALORE - 560 001 - 3 - NC: 2025:KHC:15561 WP No. 11419 of 2025 3. THE ADDITIONAL DIRECTOR OF TOWN PLANNING (EAST) 22ND FLOOR, SUBASH CHANDRA BOSE BUILDING M G ROAD BANGALORE - 560 001 … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 & R2; SRI BOPANNA BELLIAPPA, AGA FOR R3) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH THE CONFIRMATION ORDER DATED 03/06/2024 BEARING NO. SA.NI.NA.YO (PU)/CO/19/24-25 PASSED UNDER 248(3) OF THE BBMP ACT BY THE R3 VIDE ANNEXURE-F1 TO THE WRIT PETITION; B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE ORDER DATED 29/03/2025 BEARING NO.VA.AA.A(PU)/356(1)/84/2024-25 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E TO THE WRIT PETITION 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 - 4 - NC: 2025:KHC:15561 WP No. 11419 of 2025 ORAL ORDER The petitioner has called in question the validity of the proceedings at Annexure-'F1' initiated under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 ('BBMP Act') as well as the order passed under Section 356(1) of the BBMP Act. It is the case of the petitioner that the petitioner was unaware of the said proceedings. 2. It is noticed that as against the order under Section 248(3) of the BBMP Act, substantive right of appeal under Section 253 lies to the Chief Commissioner. 3. Accordingly, it would be appropriate considering the consequences flowing from the orders passed under Section 248(3) and Section 356 of the BBMP Act to relegate the petitioner to avail of the substantive remedy. 4. Accordingly, the petition is disposed off. The petitioner is at liberty to file an appeal in terms of Section 253 and if appeal is filed within ten days from the date of - 5 - NC: 2025:KHC:15561 WP No. 11419 of 2025 receipt of the certified copy of the order, the Chief Commissioner to take note of the same without raising any objection on the ground of limitation. 5. However, there would be an interim order of stay of the orders passed under Section 248(3) and Section 356 of the BBMP Act till the Appellate Authority considers the application for stay in the appeal which the petitioner undertakes to file. 6. Needless to state that the benefit as granted above would enure to the petitioner only if appeal is filed within ten days as stated above. 7. Insofar as unauthorised construction of fourth and fifth floor as is noticed in the Provisional Order passed under Section 248(1) of the BBMP Act, the petitioner undertakes to seek regularisation of the same as is permissible in law by obtaining the T.D.R. and Premium F.A.R. as is permissible in law. The petitioner to file an Affidavit to such effect detailing that the petitioner is seeking regularisation of unauthorised construction in light - 6 - NC: 2025:KHC:15561 WP No. 11419 of 2025 of the observations made above and the undertaking of the petitioner. Said Affidavit to be filed within one week and necessary application to respondent - BBMP to be made within two weeks. If such application is filed, the respondent BBMP to take appropriate decision without waiting for outcome of the proceedings. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR