- 1 - NC: 2025:KHC:15560 WP No. 35787 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35787 OF 2024 (LB-BMP) BETWEEN: 1. M YOGESH KUMAR S/O MUNIVENKATAPPA, AGED 40 YEARS, R/AT NO. E-26, 1ST MAIN ROAD, 1ST CROSS, NEAR ANJANEYASWAMY TEMPLE, MALLASANDRA, T DASARAHALLI POST, BANGALORE - 560 057 … PETITIONER (BY SMT. VINITHA P C., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BANGALORE - 560 001. 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, DASARAHALLI CIRCLE, BANGALORE - 560 057 3. THE ZONAL COMMISSIONER DASARAHALLI ZONE, BRUHATH BENGALURU MAHANAGARA PALIKE, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15560 WP No. 35787 of 2024 DASARAHALLI ZONE, BANGALORE - 560 057 4. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, SHETTIHALLI SUB DIVISION, DASARAHALLI ZONE, BENGALURU - 560 057 … RESPONDENTS (BY SRI. SIDDHARTH PADMARAJ DESAI., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT OF CERTIORARI TO QUASH ANNEXURE-F THE IMPUGNED ORDER DATED 06.12.2024 PASSED BY THE 3RD RESPONDENT IN PROCEEDINGS NO. BBMP/ZC/DZ/UAC/PSR/05/2024-25 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has challenged the order passed under Section 248(3) read with Section 356(1) of the Bruhat Bengaluru Mahanagara Palike ('BBMP Act' for short). 2. It is stated that the proceedings under Section 248 are in violation of the directions passed by the - 3 - NC: 2025:KHC:15560 WP No. 35787 of 2024 Co-ordinate Bench on 31.12.2024. The order dated 31.12.2024 reads as follows:- 1. Sri.Pawan Kumar, learned counsel accepts notice for Respondent Nos.1 to 4. 2. The petitioner has replied to the notice that under Section 248(1) of the BBMP Act, 2020, no order has been passed. It is submitted that without doing so, the respondents are seeking to demolish the property of the petitioner. 3. The respondents are restrained from demolishing any portion of the schedule property without passing any order under Section 248(1) of the BBMP Act, 2020, till the next date of hearing. 4. Re-list on 06.02.2025." 3. It is noticed that as against the order under Section 248(3) of the BBMP Act, substantive right of appeal under Section 253 lies to the Chief Commissioner. 4. Accordingly, it would be appropriate considering the consequences flowing from the orders passed under Section 248(3) and Section 356 of the BBMP Act to relegate the petitioner to avail of the substantive remedy. - 4 - NC: 2025:KHC:15560 WP No. 35787 of 2024 5. Accordingly, the petition is disposed off. The petitioner is at liberty to file an appeal in terms of Section 253 and if appeal is filed within ten days from the date of receipt of the certified copy of the order, the Chief Commissioner to take note of the same without raising any objection on the ground of limitation. 6. However, there would be an interim order of stay of the orders passed under Section 248(3) and Section 356 of the BBMP Act till the Appellate Authority considers the application for stay in the appeal which the petitioners undertake to file. 7. Needless to state that the benefit as granted above would enure to the petitioner only if appeal is filed within ten days as stated above. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR