- 1 - HC-KAR NC: 2025:KHC:33060 WP No. 25904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25904 OF 2025 (LB-BMP) BETWEEN: 1. MRS.SHWETHA AGED ABOUT 42 YEARS W/O MR. RAMAKRISHNEGOWDA R/AT NO.28/16-1, 19TH MAIN ROAD M.C.LAYOUT, MARENAHALLI VIJAYANAGAR, BANGALORE-560 040. …PETITIONER (BY SRI. MANJUNATH G.V., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE N.R.SQUARE, BANGALURUR-560 002. 2. THE ZONAL COMMISSIONER WEST ZONE, BBMP MALLESHWARAM NEAR MANTHRIMALL, BANGALORE-21. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CONFIRMATION ORDER DATED 02/08/2025 BEARING NO.Va.A/Pa.Va/P.R/103/25-26 PASSED UNDER 248(3) OF THE BBMP ACT BY RESPONDENT NO.2 VIDE ANNEXURE-F TO THE WRIT PETITION AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33060 WP No. 25904 of 2025 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 Order passed under Sections 248(3) and Section 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') the petitioner has preferred this writ petition. 2. Admittedly, the petitioner is having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioner submits that there are no regular sittings of the Appellate Authority and hence, she was constrained to file the writ petition. 3. The learned counsel for the BBMP submits that the sitting of the Appellate Authority normally takes once in a week and on a seniority basis, the case of the - 3 - HC-KAR NC: 2025:KHC:33060 WP No. 25904 of 2025 petitioner will be considered. It is noticed that the Order passed require demolition of the alleged deviations. 4. The case of the petitioner is that there is no such deviation and even if there are deviations, they can be regularized. Under the circumstances, I am of the opinion that interests of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolition of her property till a suitable decision is taken by the Appellate Authority based on the merits of the case. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioner is granted three weeks time from today to prefer an appeal before the Appellate Authority. iii. The respondents are directed not to precipitate the matter against the petitioner - 4 - HC-KAR NC: 2025:KHC:33060 WP No. 25904 of 2025 till the Appellate Authority takes a decision in respect of the property of the petitioner. iv. The petitioner is prohibited from putting up additional constructions on the property. v. It is hereby made clear that no opinion has been expressed on merits and it is for the Appellate Authority to take appropriate decisions in accordance with law without being influenced by any of the observations made hereinabove. vi. The respondents are given liberty to proceed in accordance with the impugned order, if the petitioner fails to prefer an appeal within a period of three weeks from today. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 9