- 1 - HC-KAR NC: 2025:KHC:34461 WP No. 25564 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.25564 OF 2025 (LB-BMP) BETWEEN: 1. SMT. G. JAYALAKSHMI W/O S.M. MAYANNA AGED 57 YEARS R/AT 17, PIPELINE ROAD, OPPOSITE TO SHIVA TEMPLE, PREMANAGRA, LAGGERE, BENGALURU-560 058. …PETITIONER (BY SRI. PRASANNA DESHPANDE, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 009 REPRESENTED BY ITS CHIEF COMMISSIONER. 2. THE ZONAL COMMISSIONER, OFFICE OF THE JONAL COMMISSIONER, RAJARAJESHWARI NAGAR ZONE, IDEAL HOMES,18TH CROSS, RAJARAJESHWARI NAGAR Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34461 WP No. 25564 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560 098. 3. THE ASSISTANT EXECUTIVE ENGINEER, LAGGERE SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, 5TH BLOCK, RAMAKRISHNAHEGDE PARK, NAGARABHAVI II STAGE, BENGALURU-560 072. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.07.2025 VIDE NO.SA.KA.NI.A (YA)/C.O 233/2025-26 UNDER SECTION 248(3) AND SECTION 356(2) OF THE BRUHATH BENGALURU MAHANAGARA PALIKE ACT-2020, PASSED BY THE ZONAL COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) BENGALURU, THE 2ND RESPONDENT AS PER ANNEXURE-H., 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 - 3 - HC-KAR NC: 2025:KHC:34461 WP No. 25564 of 2025 ORAL ORDER 1. Aggrieved by the Order passed under Section 248(3) read with 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 petitioner will be considered. It is noticed that the impugned Order contemplates demolition of the alleged deviations. 4. The case of the petitioner is that there is no such deviation and, even if there are any deviation existing, it - 4 - HC-KAR NC: 2025:KHC:34461 WP No. 25564 of 2025 can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolishing 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 till the Appellate Authority takes a decision in respect of the property of the petitioner, provided petitioner prefers an appeal within three weeks. - 5 - HC-KAR NC: 2025:KHC:34461 WP No. 25564 of 2025 iv. The petitioner is prohibited from putting up additional construction on the property. v. It is hereby made clear that no opinion has been expressed on merits of the case and it is for the Appellate Authority to take appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 14