- 1 - HC-KAR NC: 2025:KHC:32602 WP No. 25532 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.25532 OF 2025 (LB-BMP) BETWEEN: MR B C KARTHIK S/O LATE B. R. CHANDRAMOULI, AGED ABOUT 42 YEARS, RESIDING AT AYODHYA FLAT NO.001, PARKSIDE APARTMENT, NO.7 AND 8, IIND CROSS, MALLESHWARAM, BENGALURU - 560 003 …PETITIONER (BY SRI. RAKESH B. BHATT, ADVOCATE) AND: 1. CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU - 560 002. 2. ZONAL COMMILSSIONER EAST ZONE, BBMP, 10TH FLOOR, SUBHASH CHANDRA BOSE BUILDING, MG ROAD, BENGALURU - 560 001 3. ASSISANT EXECUTIVE ENGINEER (AEE) BBMP, HBR LAYOUT SUB-DIVISION, 5TH MAIN, 3RD BLOCK, HBE LAYOUT, BBMP, BENGALURU - 560 043 …RESPONDENTS (BY SRI. PAVAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32602 WP No. 25532 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-1 TO DECIDE THE APPEAL NO.PSR(A) 77/25-26 PENDING ON THE FILE OF THE R-1 EXPEDITIOUSLY ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER On the ground that the petitioner is putting up an illegal construction, orders have been passed by the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP') directing the petitioner to demolish the illegal construction. On the ground that the petitioner has not put up any illegal constructions and the deviations, if any, can be regularized, the petitioner has filed an appeal before respondent No.1 under Section 253 of the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP Act') Act and Appeal No.PSR (A) 77/25-26 vide Annexure-F to - 3 - HC-KAR NC: 2025:KHC:32602 WP No. 25532 of 2025 the writ petition, which is pending. However, it is submitted that the said appeal is not taken up for hearing, nor the interlocutory application seeking stay is also taken up. It is submitted that there are no regular sittings by respondent No.1 to consider the appeal filed under Section 253 of the BBMP Act. It is submitted that though there is an alternative remedy, it is not efficacious. Hence, the present writ petition is filed with the following prayers: "a) Issue a writ of Mandamus or any other writ or order directing 1st Respondent to decide the appeal No.PSR(A) 77/25-26 pending on the file of 1st Respondent expeditiously (ANNEXURE F) b) Direct Respondents not to give effect to the order bearing No.Va.A.(Pu)/356(1)/08/2025-26 dated 23.05.2025 (Annexure E) pending disposal of the appeal no.No.PSR(A) 77/25-26 pending on the file of 1st Respondent and; c) Issue a writ of certiorari or any other writ or order and quash order bearing No.Va.A.(Pu)/356(1)/08/2025-26 dated - 4 - HC-KAR NC: 2025:KHC:32602 WP No. 25532 of 2025 23.05.2025 passed by 2nd Respondent (ANNEXURE E) d) Pass such other order as this Hon'ble court deems fit in the interest of Justice and equity." 2. Learned counsel for the BBMP submits that due to the pressure of work and various responsibilities attributed to respondent No.1, there have not been regular sittings to hear the appeals filed under Section 253 of the BBMP Act. 3. Under the circumstances, this Court deems it fit to direct respondent No.1 to dispose of Appeal No.PSR (A) 77/25-26 filed under Section 253 of the BBMP Act as expeditiously as possible. Until a decision is taken in the said appeal, either by way of interlocutory orders or by way of final disposal, no precipitative action shall be taken against the petitioner by the respondents. Further, the petitioner is also hereby restrained from putting up additional construction on the property concerned. - 5 - HC-KAR NC: 2025:KHC:32602 WP No. 25532 of 2025 4. Accordingly, the Writ Petition is hereby disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 10