- 1 - HC-KAR NC: 2025:KHC:20573 WP No. 16575 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16575 OF 2025 (LB-BMP) BETWEEN: MR. MURALI GOVINDARAJULU, AGED ABOUT 43 YEARS, S/O R. GOVINDARAJULU, R/AT NO.360, 3RD CROSS, BROOKEBOND LAYOUT, WHITEFIELD, BENGALURU-560 066. …PETITIONER (BY SRI RAJKUMAR M.D., ADVOCATE) AND: THE ASST. EXECUTIVE ENGINEER, BBMP, MAHADEVAPURA ZONE, WHITEFIELD SUBDIVISION, BENGALURU - 560 066. …RESPONDENT (BY SRI PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.05.2025 BEARING NO. BBMP/S. KA.A/Y.UV/13/2025-26 PASSED UNDER SECTION 248 (1) AND THE SHOW CAUSE NOTICE DATED 30.05.2025 ISSUED UNDER SECTION 248(2) BY THE RESPONDENT AUTHORITY AT ANNEXURES-A AND B TO THE WRIT PETITION AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20573 WP No. 16575 of 2025 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the provisional order passed under Section 248(1) of the BBMP Act, 2020. 2. The learned counsel appearing for the respondents has brought to the notice of this Court that the impugned provisional order in the present writ petition has been passed under Section 248(1) of the Karnataka Municipal Corporations Act, 1976. It is further submitted that the said order has been duly served upon the petitioner in accordance with the mandate of Section 248(2) of the Act. Drawing the attention of this Court to the statutory scheme, the learned counsel submits that it is incumbent upon the petitioner, who is admittedly the owner of the subject premises, to submit his objections and show cause before the Zonal Commissioner as to why the provisional order should not be confirmed. 3. It is further pointed out that Section 248(3) of the Act provides a clear and efficacious mechanism whereby the person affected by a provisional order is entitled to file a representation or explanation, and also produce relevant - 3 - HC-KAR NC: 2025:KHC:20573 WP No. 16575 of 2025 documents in support of his case. The provision contemplates an opportunity to the affected party to place material before the competent authority seeking either modification or revocation of the provisional order. Therefore, the learned counsel submits that the petitioner has an alternate statutory remedy which he has failed to exhaust before prematurely approaching this Court. 4. In view of the above, and having regard to the fact that the petitioner has approached this Court at a stage when the statutory procedure under Section 248 is still in progress, this Court is of the opinion that no indulgence can be shown at this stage. The petitioner is required to submit his objections/explanation to the provisional order passed under Section 248(1) of the Act and avail the remedy as provided under Section 248(3) before the competent authority. 5. In light of the above, and without expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the present writ petition by reserving liberty to the petitioner to submit his detailed objections/explanation, along with supporting documents - 4 - HC-KAR NC: 2025:KHC:20573 WP No. 16575 of 2025 before the Zonal Commissioner within a reasonable period, in accordance with law. ORDER (i) Writ petition stands disposed of reserving liberty to petitioner to submit his reply. He is also at liberty to produce necessary documents to justify the construction undertaken by him within a period of two weeks from the date of receipt of a copy of this order; (ii) On receipt of explanation, respondents shall proceed strictly adhering to mandate provided under Section 248(3) of the BBMP Act, 2020; (iii) All contentions are kept open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AV List No.: 1 Sl No.: 27