- 1 - NC: 2025:KHC:3 WP No. 28495 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 28495 OF 2024 (LB-BMP) BETWEEN: 1. SRI A SURESH BABU AGED ABOUT 66 YEARS, S/O LATE SRI.A.N.ASWATH NARAYANA SETTY, RESIDING AT NO.12, JEWELLERS STREET, COMMERCIAL STREET CROSS, BENGALURU NORTH, BENGALURU G.P.O., BENGALURU 560 001. 2. SRI. I.B. MANJUNATH, AGED ABOUT 59 YEARS, S/O. LATE SRI. I.M. BHAKTHAVASALA, RESIDING AT NO.28, VIJAYALAKSHMI NIVAS, EAST CIRCLE ROAD, NEAR VB BAKERY, V.V. PURAM, BENGALURU 560 004. …PETITIONERS (BY SRI. H V DEVARAJU., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER AND AND THE APPELLATE AUTHORITY BRUHATH BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) AND ZONAL COMMISSIONER (SOUTH), BBMP, COMMISSIONER OFFICE COMMERCIAL COMPLEX BUILDING, 9TH CROSS ROAD, 9TH MAIN ROAD, 2HD BLOCK, JAYANAGARA, BENGALURU 560 011. …RESPONDENTS (BY SRI. K.S. MALLIKARJUNA., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3 WP No. 28495 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 ANS 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR CONNECTED RECORDS RELATING TO THE PROVISIONAL ORDER, DATED: 05.08.2023 BEARING NO. ASST. D.T.P.(S)/PO/85/2023-24 AT ANNEXURE-P AND CONFIRMATION ORDER, DATED: 16.08.2024 BEARING NO. ASST. D.T.P(S)/CO/85/2023024 AT ANNEXURE-Q AND ORDER, DATED:17.08.2024 PASSED IN APPEAL NO.149/2023 AT ANNEXURE-S ON THE FILE OF THE R-1 AND 2, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging an order of confirmation which has in turn been up-held in an appeal. 2. It is the contention of the petitioners that the notices prior to issuance of the confirmatory order were not served on the petitioners and it appears that the notices were served on the Developer. It is therefore contended that the order impugned is an order which has been passed without hearing the petitioners. 3. A perusal of the impugned orders does not indicate that the notice was served on the petitioners in whose name the khata was transferred in the year 2020. - 3 - NC: 2025:KHC:3 WP No. 28495 of 2024 4. In that view of the matter, it would be appropriate to quash the impugned orders and direct the Authorities to reconsider the entire matter afresh. The petitioners shall consider the impugned Confirmatory Order as a show cause notice and file their objections within a period of four weeks. On such objections being filed, the concerned Authority shall pass an order after hearing the petitioners in accordance with law. 5. This writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 4