- 1 - NC: 2025:KHC:1352 WP No. 35740 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35740 OF 2024 (LB-BMP) BETWEEN: 1. SANJANA DASSANI, W/O. BHASKAR DASSANI, AGED ABOUT 42 YEARS, RESIDING AT NO. 30, BETHANY ROSY COTTAGE 3RD CROSS, HENNUR MAIN ROAD, LINGARAJAPURAM, BENGALURU-560 084. …PETITIONER (BY SRI. P S RAJENDER., ADVOCATE) AND: 1. THE COMMISSIONER BBMP, NO. 1, N.R.ROAD, BANGALORE-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASST. EXECUTIVE ENGINEER, HBR LAYOUT (SUB-DIVISION), 5TH MAIN, 3RD BLOCK, HBR LAYOUT, BANGALORE -560 043. 3. MR. BHASKAR DASSANI, S/O. LATE SAMPAT RAY DASSANI, AGED ABOUT 53 YEARS, RESIDING AT NO. 30, BETHANY ROSY COTTAGE, 3RD CROSS, HENNUR MAIN ROAD, LINGARAJAPURAM, BANGALORE - 560 084. (RESPONDENT NO.3, IS A FORMAL PARTY TO WHOM Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1352 WP No. 35740 of 2024 THE IMPUGNED NOTICE HAS BEEN SERVED BY BBMP) …RESPONDENTS (BY SMT. SUMANGALA GURUDEV GACHCHINAMATH., ADVOCATE FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA., PRAYING TO QUASHING THE IMPUGNED NOTICE ISSUED BY THE R2 I.E. THE ASST. EXECUTIVE ENGINEER, HBR SUB-DIVISION, BBMP, BEARING NO. AEE/HBR/W-NO.76/P.O/12/24-25, ON 29/07/2024, WHICH IS PRODUCED AT ANNEXURE-G, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the notice issued under Section 248(2) of the BBMP Act, 2020. 2. A perusal of Annexure – F the provisional order, passed under Section 248(1) of the BBMP Act indicates that the BBMP is of the view that the construction put up by the petitioner is illegal and, therefore, it has passed the provisional order. The provisional order is furnished to the petitioner as required under Section 248(2) and the petitioner is - 3 - NC: 2025:KHC:1352 WP No. 35740 of 2024 directed to furnish his objections, if any, within seven days. 3. In my view, in the light of the fact that the petitioner is only been called upon to file his objections to the provisional order passed against him, he cannot approach this Court contending that the consequential notice is illegal. 4. The petitioner would have to necessarily file his objections raising all such contentions which are available to him in law and the BBMP will have to consider the same and then pass appropriate orders. 5. Subject to the above, this writ petition is dismissed. 6. The petitioner is granted seven days time from today to file his objections to the impugned notice. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 3