- 1 - HC-KAR NC: 2025:KHC:37803 WP No. 28397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28397 OF 2025 (LB-BMP) BETWEEN: 1. SMT. MALATHI MOGARTHI W/O NAVASUNDAR, AGED ABOUT 59 YEARS, R/AT 397, (OLD NO.212/3), NALWADIKRISHNARAJENDRA WADIYAR ROAD, HANUMANTH NAGAR, BENGALURU-560 019. …PETITIONER (BY SMT. NIKHITHA N., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, BBMP, NR SQUARE, BENGALURU-560 002. 2. THE ZONAL COMMISSIONER SOUTH ZONE, BRUHATH BENGALURU MAHANAGAR PALIKE, BENGALURU-560 002. 3. THE ASSISTANT DIRECTOR (SOUTH) TOWN PLANNING, JAYNAGAR BRUHATH BENGALURU MAHANAGAR PALIKE, BENGALURU-560 002. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37803 WP No. 28397 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER SOUTH ZONE BRUHATH BENGALURU MAHANAGAR PALIKE, BENGALURU-560 002. …RESPONDENTS (BY SRI PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.08.2025 PASSED BY THE 2ND RESPONDENT UNDER SECTION 248 (1) OF BBMP ACT 2020, IN VIDE NO.BBMP/ZC/TO/PR/53/2025-26 I.E., ANNEXURE-A AND NOTICE ISSUED UNDER SECTION 248 (2) OF BBMP ACT 2020 DATED 04.08.2025-ANNEXURE-B, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the orders passed by respondent No.2-Zonal Commissioner under Sections 248(1) and 248(2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 ('the BBMP Act' for short), the present writ petition is filed. - 3 - HC-KAR NC: 2025:KHC:37803 WP No. 28397 of 2025 2. The case of the petitioner is that she has put up construction on the property, which is the subject matter of the writ petition, in accordance with law after obtaining the necessary sanctioned plan. In spite of it, the impugned orders have been passed against her. It is further submitted that when the petitioner sought to submit a reply to the impugned orders to show that there is no violation on her part, the same was refused to be received by the respondents. Hence, she is constrained to file the writ petition with the following prayers: "a) Order Call for Records pertaining to suit property from the 3rd Respondent. b) Set-aside the impugned order dated 4.8.2025 passed by the 2nd respondent under Section 248(1) of BBMP Act 2020, in Vide No.BBMP/ZC/TO/PR/53/2025-26 i.e., Annexure-A and notice issued under Section 248(2) of BBMP Act 2020 dated 4.8.2025 - Annexure-B. c) Pass such other reliefs as this Hon'ble Court may deem Fit, in the fact and circumstances of the case to meet the ends of Justice." 3. Per contra, learned counsel for the respondents, upon instructions, submits that the order passed by respondent No.2 - 4 - HC-KAR NC: 2025:KHC:37803 WP No. 28397 of 2025 is only a provisional order and unless a confirmation order is passed under Section 248(3) of the BBMP Act, question of initiating any action against the petitioner does not arise. He submits that the writ petition is premature. It is further submitted that the petitioner has got a right to reply to the provisional order (impugned order) and the respondent-BBMP will receive the same and consider the reply and only thereafter will pass a confirmation order. His submission is placed on record. 4. For the aforementioned reasons, the following order is passed: ORDER (i) The writ petition is disposed of reserving liberty to the petitioner to submit a reply to the impugned orders passed under Sections 248(1) and 248(2) of the BBMP Act and the said reply will be submitted within a period of fifteen days from today; (ii) The respondents shall consider the reply of the petitioner, if the same is submitted within fifteen days from today and only thereafter initiate appropriate action against the petitioner in accordance with law; - 5 - HC-KAR NC: 2025:KHC:37803 WP No. 28397 of 2025 (iii) Till such time, no precipitative action shall be taken against the petitioner. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 3 Sl No.: 1