- 1 - HC-KAR NC: 2025:KHC:32867 WP No. 25607 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25607 OF 2025 (LB-BMP) BETWEEN: SRI THALUR BHAKTHAVATSALA NAIDU AGED ABOUT 62 YEARS S/O. SRI T KESAVULU NAIDU PRESENTLY R/AT VILLA 004, MANTRI COURTYARD PARCEL-1, THALAGHATTAPURA, BENGALURU-560109. …PETITIONER (BY SMT. YASHASWINI S., ADVOCATE FOR SRI. AKASH V.T., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R SQUARE, BANGALORE-560 002. 2. ASSISTANT EXECUTIVE ENGINEER HOODI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 048. 3. M/S BENGALURU ELECTRICITY SUPPLY CO., LTD., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SHESHADRI ROAD, K.R. CIRCLE, BENGALURU- 560 001. 4. THE ASSISTANT EXECUTIVE ENGINEER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32867 WP No. 25607 of 2025 SOUTH- 07 SUB DIVISION, B.E.S.C.O.M BENGALURU-560 048. …RESPONDENTS (BY SRI. PAVAN KUMAR, ADVOCATE FOR R1 AND R2; SMT. ANUSHAPRASAD, ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY QUASHING THE PROVISIONAL ORDER DATED 28/06/2022 UNDER SECTION 248 (1) OF B.B.M.P ACT, 2020 BEARING NO. BBMP/AEE/HSD/SD/PR/52/2022-23 PASSED BY RESPONDENT NO.2 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has challenged the orders passed under Sections 248(1), 248(2) and 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act'). 2. The learned counsel for the respondents submits that petitioner is having an alternative and efficacious remedy under Section 253 of the Act and prays for dismissal of the writ petition. 3. The learned counsel for the petitioner fairly submits that he would prefer an appeal, but prays for some interim - 3 - HC-KAR NC: 2025:KHC:32867 WP No. 25607 of 2025 protection as there are no regular sittings of the Appellate Authority and there is a threat of demolition / disconnection of electricity supply. It is specifically contended that petitioner has not violated the sanction plan / building bye-laws and even if there is any violation, the same can be regularized in accordance with law and the impugned order is passed without application of mind. 4. Based on the above mentioned submission, the following order is passed:- ORDER i. The writ petition is hereby disposed of reserving the liberty to the petitioner to file an appeal under Section 253 of the Act. The said appeal shall be filed within a period of four weeks from today. ii. Respondents shall not precipitate the matter against the petitioner till a decision is taken in the appeal to be filed by the petitioner provided petitioner files the said appeal within a period of four weeks. - 4 - HC-KAR NC: 2025:KHC:32867 WP No. 25607 of 2025 iii. Petitioner shall not put up any additional construction in the meanwhile. iv. It is hereby clarified that no opinion has been expressed on the merits of the case and it is for respondent No.1 to decide the matter in accordance with law. v. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 12