- 1 - HC-KAR NC: 2025:KHC:37802 WP No. 28560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28560 OF 2025 (LB-BMP) BETWEEN: 1. SRI LOKESH V R S/O SRI RAMADASAPPA AGED ABOUT 43 YEARS R/AT NO.311, 'SUKHI' 6TH CROSS, 5TH MAIN ROAD, 'A' BLOCK, RHCS 2ND STAGE SRIGANDHADAKAVAL BENGALURU-560 091. …PETITIONER (BY SRI. JNANESH KUMAR K., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE N R SQUARE BENGALURU-560 002 REP. BY ITS COMMISSIONER. 2. THE ZONAL COMMISSIONER RAJARAJESHWARI NAGAR ZONE BBMP, 18TH CROSS, IDEALS HOMES, BENGALURU-560 098. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37802 WP No. 28560 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER AT ANNEXURE-C DATED 14/03/2025 PASSED IN NO.ªÀ.D/gÁgÁ£ÀªÀ/¦.N/136/24-25 AND CONFIRMATION ORDER AT ANNEXURE-E DATED 07.07.2025 PASSED BY THE RESPONDENT NO.2 IN NO.ZC/RRN/PO/318/2025-26, 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 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 construction, 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 Act, 2020 (for short 'the BBMP Act') and Appeal No.200/2025 vide Annexure-E to the writ petition is pending. However, it is submitted that the - 3 - HC-KAR NC: 2025:KHC:37802 WP No. 28560 of 2025 said appeal is not taken up for hearing. 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: "1) Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the Provisional order at ANNEXURE-C dated 14/03/2025 passed in No.ªÀ.D/gÁgÁ£ÀªÀ/¦.N/136/24-25 and Confirmation order at ANNEXURE-E dated 07/07/2025 passed by the Respondent No.2 in No.ZC/RRN/PO/318/2025-26., 2) Grant such other and further relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the respondent-BBMP, upon instructions, submits that the appeal filed by the petitioner will be disposed of as expeditiously as possible. 3. Under the circumstances, this Court deems it fit to direct respondent No.1 to dispose of Appeal No.200/2025 filed under Section 253 of the BBMP Act as expeditiously as possible. Until - 4 - HC-KAR NC: 2025:KHC:37802 WP No. 28560 of 2025 a decision is taken in the said appeal, no precipitative action shall be taken against the petitioner by the respondents. It is hereby made clear that no opinion is expressed on the merits of the case and respondent No.1 shall decide the appeal based on the materials placed on record. Further, the petitioner is also hereby restrained from putting up additional construction on the property concerned. 4. The writ petition accordingly stands disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 3 Sl No.: 2