- 1 - HC-KAR NC: 2025:KHC:21323 WP No. 17535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17535 OF 2025 (LB-BMP) BETWEEN: SRI. H R MARIDYAVE GOWDA AGED ABOUT 87 YEARS S/O LATE SHRI RAME GOWDA R/O. NO.690, 8TH CROSS 7TH MAIN, H.A.L 2ND STAGE BENGALURU - 560008 …PETITIONER (BY SMT. EDA NIREEKSHANA KESHAIAH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU - 560001 2. THE ZONAL COMMISSIONER, BBMP (EAST DIVISION), 10TH FLOOR NETAJI SUBASHCHANDRA BOSE BUILDING M.G ROAD BENGALURU-560001 …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE VIDE DATED 14.05.2025 AS PER ANNEXURE-K REF Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21323 WP No. 17535 of 2025 NO.SAM.VA.AA(PO)P.O/24/2025-26 DATED 14.05.2025 AND ANNEXURE-L REF NO.SAM.VA.AA(PO)P.R/24/2025-26 DTD. 14.05.2025 ISSUED BY THE R-2 ZONAL COMMISSIONER BBMP EAST DIVISION UNDER SECTION 248(1) AND 248(2) OF BBMP ACT 2020 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner, in the present writ petition, is calling in question the final order dated 14.05.2025 passed by the respondents/authority under Section 248(3) of the BBMP Act, 2020, whereby the petitioner has been directed to demolish the construction put up on the property in question, on the allegation of deviation from the sanctioned building plan and license. 2. Sri Pawan Kumar, learned Standing Counsel appearing for the respondent-BBMP, submits that the impugned order is appealable under Section 253 of the - 3 - HC-KAR NC: 2025:KHC:21323 WP No. 17535 of 2025 BBMP Act, 2020, and therefore, the petitioner has an efficacious statutory remedy available. 3. Learned counsel appearing for the petitioner, while not disputing the availability of an appellate remedy, prays for interim protection, contending that the respondent authorities are taking hasty steps to demolish a newly constructed residential house. It is submitted that the petitioner has not committed any deviation warranting such harsh action. 4. In view of the availability of an alternate remedy under Section 253 of the BBMP Act, 2020, this Court is not inclined to entertain the writ petition on merits. However, in the interest of justice, a limited protection is granted to enable the petitioner to avail the appellate remedy. ORDER i) The writ petition stands disposed of, reserving liberty to the petitioner to file an appeal before the competent Appellate - 4 - HC-KAR NC: 2025:KHC:21323 WP No. 17535 of 2025 Authority under Section 253 of the BBMP Act, 2020. ii) The petitioner shall file the appeal within a period of two weeks from the date of receipt of a certified copy of this order. iii) Till such time, the respondent authorities are restrained from taking any precipitative or coercive action pursuant to the impugned order dated 14.05.2025. iv) If the petitioner files an appeal within the time prescribed, the Appellate Authority shall consider and decide the interim relief sought by the petitioner in accordance with law, on its own merits and without being influenced by the present proceedings. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9