- 1 - NC: 2025:KHC:8289 WP No. 3141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3141 OF 2025 (LB-BMP) BETWEEN: 1. SMT DIVYA H R W/O SRI JAGADISHA R AGED ABOUT 36 YEARS R/AT NO. 817, “SUPREME SWASTHICK” FLAT NO. 302, VINAYAKA LAYOUT 12TH MAIN ROAD, NAGARABHAVI, 2ND STAGE BENGLAURU 560 072 2. SRI. JAGADISHA R S/O M RAMU H, AGED ABOUT 34 YEARS R/AT NO. 817, “SUPREME SWASTHICK” FLAT NO. 302, VINAYAKA LAYOU 12TH MAIN ROAD, NAGARABHAVI, 2ND STAGE BENGLAURU 560 072 3. SRI NARAYANA MURTHY B P S/O SRI PAPAIAH B M AGED ABOUT 43 YEARS NO. 102, “SURPEME SWASTHICK” FLATNO. 102, VINAYAKA LAYOUT 12TH MAIN RAOD, NAGARABHAVI, 2ND STAGE BENGALURU 560 072 R/AT NO. 817, SUPREME SWASTHICK FLAT NO. 201, VINAYAKA LAYOUT 12TH MAIN ROAD, NAGARABHAVI, 2ND STAGE BENGLAURU 560 072 4. SRI SATHISH S R S/O S P RAMU, AGED ABOUT 55 YEARS R/AT NO. 817, SUPREME SWASTHICK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8289 WP No. 3141 of 2025 FLAT NO. 201, VINAYAKA LAYOUT 12TH MAIN ROAD, NAGARABHAVI 2ND STAGE BENGLAURU 560 072 …PETITIONERS (BY SRI. RAMU K S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY URBAN DEPARTMENT VIKASA SOUDHA BANGALORE 2. THE ASST., EXECUTIVE ENGINEER BWSSB 80, FT RING ROAD NEAR BDA COMPLEX NAGARABHAVI II STAGE BENGALURU 560 072. 3. THE ASST EXECUTIVE ENGINEER NO.8, SUB DIVISION BESCOM OFFICER D GROUP LAYOUT, SRI GANDADA KAVAL BENGALURU 560 091. 4. THE ASSISTANT DIRECTOR TOWN PLANNING RAJARAJESHWARI ZONE, IDEAL HOMES 18TH CROSS, RAJARAJESHWARI ZONE BENGAUR BRUHAT MAHANAGARA PALIKE BENGALURU 560 098 5. THE ASSISTANT EXECUTIVE LAGGERE SUB DIVISON 5TH BLOCK, RAMAKRISHNA HEDGE PARK NAGARABHAVI II STAGE BRUHAT BENGALURU MAHNAGARA PALIKE BENGALURU 560 072 6. MR. SOMASHEKAR S NO. 817, (FLAT NO-101, 202, 301 AND 402) OF SURPEME SWASTHIK VINAYAKA LAYOUT - 3 - NC: 2025:KHC:8289 WP No. 3141 of 2025 12TH MAIN ROAD, NAGARABHAVI II ST AGE BENGALURU 560 072 7. SUPREME STRUCTURE PROPRIEOR MR. GURU MURHTY,S/O YARAPPA NO. 445, 3RD FLOOR, 1ST MAIN ROAD 5TH CROSS, RR LAYOUT NAGADEVANAHALLI, BENGALURU 560 056 …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1; SRI. B.L.SANJEEV., ADVOCATE FOR R-2; SMT. PADMA.S.UTTUR., ADVOCATE FOR R-3; SRI. PAWAN KUMAR., FOR R-4 & R-5; SRI. B.S. PRASAD., ADVOCATE FOR R-6) THIS W.P. IS FILED PRAYING TO QUASH THE IMPUGNED LETTER / NOTICE ISSUED BY THE R-2 TO 5 DATED. 23.01.2025 TO THE R-6 AT ANNX-A AND B WIDE NO. JM NI- RRND/PR/51/2024-25, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petition is filed challenging the order passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, ‘BBMP Act’) and also the order of demolition. 2. Petitioner is also aggrieved by the communication dated 23.01.2025 addressed to the BESCOM and - 4 - NC: 2025:KHC:8289 WP No. 3141 of 2025 Water Board, BBMP has called upon them to disconnect the power and water supply. 3. It cannot be in dispute that as against the order of confirmation, an appeal is provided to the Chief Commissioner. 4. The learned counsel places on record a copy of the acknowledgement for having filed an Appeal No.58/2025 before the Chief Commissioner, Appellate Authority, BBMP, Bengaluru, on 20.02.2025. 5. It is obvious that once the petitioner has availed the appellate remedy, the order of demolition cannot be given effect to till the disposal of the appeal. Consequently, the Writ Petition is disposed of directing the BBMP not to enforce the order of confirmation and consequently the demolition order, till the disposal of Appeal No.58/2025 filed by the - 5 - NC: 2025:KHC:8289 WP No. 3141 of 2025 petitioner. This Writ Petition is, accordingly, disposed of. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 56