Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22610 WP No. 18578 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18578 OF 2025 (LB-BMP)
BETWEEN:
1.
SRI. M.N. PRANEETH S/O SRL. M.N. NAGESHWARA CHOWDARY AGE 35 YEARS R/AT NO.4, KHATHA NO. 210/14/2/C4 ARAHALLI VILLAGE, UTTARAHALLI HOBLI BENGALURU-560 061. …PETITIONER
(BY SRI. RAVINDRA PRASAD .B, ADVOCATE)
AND:
1.
THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560 002.
2.
THE ZONAL COMMISSIONER BOMMANAHALLI ZONE OFFICE BEGURU ROAD, BOMMANAHALLI BENGALURU-560 068.
3.
THE ASSISTANT EXECUTIVE ENGINEER UTTARAHALLI SUB-DIVISION BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU-560 061.
4.
THE ASSISTANT DIRECTOR OF TOWN PLANNING BOMMANAHALLI ZONE OFFICE BEGURU ROAD
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22610 WP No. 18578 of 2025
BOMMANAHALLI BENGALURU-560 068. …RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER DATED 05-10-2024, ISSUED BY THE 4TH BEARING NO. SA.NI.NA.YOO/BOO.VA/P.O/451/24-25. VIDE ANNEXURE-D 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
Sri. Pawan Kumar, learned counsel is directed to accept notice to the respondents.
2. Sri. Pawan Kumar, learned counsel has raised primary objection questioning the maintainability of the writ petition on the ground that petitioner has a remedy of appeal under Section 253 of the Bruhath Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act').
3. On perusal of the records, it is evident that the petitioner is challenging the order passed under Section 248(1) and (2) of the Act, as well as the confirmation
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HC-KAR NC: 2025:KHC:22610 WP No. 18578 of 2025
order issued under Section 248(3). As per the scheme of the Act, these orders are appealable under Section 253. In view of the availability of an efficacious alternative remedy, this Court is of the opinion that the petitioner must be relegated to pursue the statutory appellate remedy.
4. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioner to avail the remedy of appeal under Section 253 of the Act. In the meantime, respondents are directed not to take any precipitative action for a period of two weeks from the date of receipt of a certified copy of this order.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 4 Sl No.: 1