- 1 - HC-KAR NC: 2025:KHC:38268 WP No. 28805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28805 OF 2025 (LB-BMP) BETWEEN: 1. SRI. SANTHOSH CHANDRASHEKAR S/O SRI. CHANDRASHEKAR AGED ABOUT 34 YEARS R/AT NO.629, 7TH MAIN ROAD PRASANTHI NAGAR ISHRO LAYOUT BANGALORE-560 062. …PETITIONER (BY SRI. N.MANOHAR, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALURU-560 002. 2. THE ASSISTANT DIRECTOR TOWN PLANNING (SOUTH), BBMP COMMERCIAL BUILDING, 9TH CROSS 9TH MAIN ROAD, 2ND BLOCK JAYANAGAR, BANGALORE -11. 3. THE COMMISSIONER BWSSB, KAVERI BHAVAN K.G.ROAD, BANGALORE-09. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38268 WP No. 28805 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER SOUTH SUB-DIVISION WEST (5) BANAGIRI-62. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 & R2; SRI.K.B.MONESH KUMAR, ADVOCATE FOR R3 & R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CONFIRMATION ORDER DATED 23.08.2025 BEARING NO.¸À¤£ÀAiÉÆÃ(zÀ)¹EN/120/2024-25 PASSED UNDER 248(3) OF THE BBMP ACT BY RESPONDENT NO.2 VIDE ANNEXURE-F TO THE WP AND 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 The order under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') is passed by respondent no.2. The contention of the - 3 - HC-KAR NC: 2025:KHC:38268 WP No. 28805 of 2025 petitioner is that respondent no.2 does not have the necessary jurisdiction. Even otherwise, building is constructed in accordance with law. Even if any deviations are there, the same can be regularized. The petitioner intends to file an appeal under Section 253 of the BBMP Act. As there are no regular sittings, the alternative remedy is not efficacious. Hence, the instant writ petition is filed. 2. It is further submitted that, respondent nos.3 and 4 (BWSSB) upon recommendations of BBMP is trying to disconnect the water supply. Hence, the following prayers are made: "a) Issue a writ of certiorari or any other writ in the nature and quash the confirmation order dated 23.08.2025 bearing No:¸À¤£ÀAiÉÆÃ(zÀ)¹EN/120/2024-25 passed under 248(3) of the BBMP Act by the respondent no.2 vide Annexure F to the writ petition, b) Issue a writ of certiorari or any other writ in the nature and quash the Issue a writ of certiorari or any other writ in the nature and quash the - 4 - HC-KAR NC: 2025:KHC:38268 WP No. 28805 of 2025 notice dated 30.08.2025 bearing No:BWSSB/SW5/AE(KSL)/1956/2025-26 by the respondent no.4 vide Annexure H to the writ petition, c) Grant any other remedy that this Hon'ble Court deems fit, in the interest of justice and equity." 3. Learned counsel for respondent nos.1 and 2- Bruhat Bengaluru Mahanagara Palike (BBMP) upon instructions submits that, the petitioner may be given liberty to file an appeal and the same will be decided in accordance with law as expeditiously as possible. 4. Under the circumstances, in the interest of justice, the following: ORDER i. The petitioner is given liberty to file an appeal within a period of three weeks from today; ii. If appeal is filed within a period of three weeks from today, no precipitative action shall be taken against the petitioner by - 5 - HC-KAR NC: 2025:KHC:38268 WP No. 28805 of 2025 any of the respondents until a suitable order is passed; iii. If water supply is disconnected, the same shall be restored upon petitioner paying necessary fee and the same will be subject to result of the appeal to be filed by the petitioner; iv. The writ petition stands disposed of accordingly. In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 8