- 1 - HC-KAR NC: 2025:KHC:33061 WP No. 25886 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. 25886 OF 2025 (LB-BMP) BETWEEN: 1. MR. A. MOHAN BABU S/O SRI. KUPPAIAH NAIDU ANUMOLAMUDI AGED 42 YEARS 2. MRS. S. NEETHA W/O MR. A. MOHAN BABU AGED ABOUT 36 YEARS 3. MR. MOHAMMED ARIF SADIQUE S/O SADIQUE ALI AGED ABOUT 37 YEARS ALL ARE R/AT NO.A-403 LAKE PARADISE, SILVER SPRINGS LAYOUT MUNNEKOLALA, NEAR SPACE GARDEN MARATHAHALLI, BANGALORE-560 037. …PETITIONERS (BY SRI. N.MANOHAR, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE N.R.SQUARE, BANGALURU-560 002. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33061 WP No. 25886 of 2025 2. THE ZONAL COMMISSIONER MAHADEVAPURA ZONE, BBMP RBH COLONY, OPP PHONIEX MALL MAHADEVPURA POST, BANGALORE-48. …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 25-04-2025 BEARING NO.BBMP/Va.A/Ma.V/5/24-25 PASSED UNDER 248(3) OF THE BBMP ACT BY RESPONDENT NO.2 VIDE ANNEXURE F TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR ORDERS, 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 petitioners have preferred this writ petition. - 3 - HC-KAR NC: 2025:KHC:33061 WP No. 25886 of 2025 2. Admittedly, the petitioners are having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioners submits that there are no regular sittings of the Appellate Authority and hence, they were 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 petitioners will be considered. It is noticed that the Order passed require demolition of the alleged deviations. 4. The case of the petitioners 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 petitioners are relegated to the Appellate Authority and accorded protection from demolition of their property till a suitable decision is taken by the Appellate Authority based - 4 - HC-KAR NC: 2025:KHC:33061 WP No. 25886 of 2025 on the merits of the case. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioners are 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 petitioners till the Appellate Authority takes a decision in respect of the property of the petitioners. iv. The petitioners are 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 - 5 - HC-KAR NC: 2025:KHC:33061 WP No. 25886 of 2025 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 petitioners fail to prefer an appeal within a period of three weeks from today. 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.: 14