- 1 - HC-KAR NC: 2025:KHC:35304 WP No. 27348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27348 OF 2025 (LB-BMP) BETWEEN: 1. SRI. MIRLE VARADARAJ AGED ABOUT 64 YEARS S/O LATE BOREGOWDA R/AT NO.544, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU-560 060. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. SHARATH S.GOWDA, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 2. THE JOINT COMMISSIONER BRUHATH BENGALURUMAHANAGARA PALILKE R.R.NAGAR, WEST ZONE, BENGALURU-560 098. 3. THE ZONAL COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE R.R.NAGAR, WEST ZONE, BENGALURU-560 098. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35304 WP No. 27348 of 2025 4. THE ASSISTANT ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE KENGERI SUB-DIVISION HAVING OFFICE AT C.A.SITE NO.3 BBMP BUILDING, 1ST FLOOR, 1ST MAIN ROAD OUTER RING ROAD, KOMMAGHATTA ROAD KENGERI UPANAGARA, BENGALURU-560 060. 5. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURUMAHANAGARA PALIKE WARD NO.31, HAVING OFFICE AT C.A.SITE NO.3 BBMP BUILDING, 1ST FLOOR 1ST MAIN ROAD, OUTER RING ROAD KOMMAGHATTA ROAD, KENGERI UPANAGARA, BENGALURU-560 060. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 04.09.2025 ISSUED IN BEARING NO.SAKAAA/KEMUV/P.R/70/2025-26 VIDE ANNEXURE-A PASSED BY RESPONDENT NO.4 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 - 3 - HC-KAR NC: 2025:KHC:35304 WP No. 27348 of 2025 ORAL ORDER The petitioner is said to be the owner of writ petition schedule property. On the allegation that he has put up illegal construction, respondent no.5 has issued the impugned notice dated 04.09.2025 under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the BBMP Act') (vide Annexure-A to the writ petition). Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that no illegal construction as alleged has been put up. It is further submitted that even otherwise notice issued by respondent no.5 is without jurisdiction. 3. It is seen that the impugned notice is issued under Section 313 of the BBMP Act. Section 313 of the BBMP Act reads as follows: "313. Summons to attend and give evidence or produce documents.- The Zonal Commissioner may summon any person to attend - 4 - HC-KAR NC: 2025:KHC:35304 WP No. 27348 of 2025 before him, and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation, or inspection, or registration or to the grant of any licence or permission under the provisions of this Act." 4. A bare reading of Section 313 of the BBMP Act makes it clear that it is the jurisdictional Zonal Commissioner who is empowered to issue notice under Section 313 of the BBMP Act. In the instant case, the notice has been issued by respondent no.5-Assistant Executive Engineer. For that reason, the same is liable to be set aside. Hence, the following: ORDER i) The impugned notice dated 04.09.2025 issued by respondent no.5 (vide Annexure-A to the writ petition) is hereby set aside; ii) However, it is clarified that this order will not come in the way of jurisdictional Zonal Commissioner to proceed against the - 5 - HC-KAR NC: 2025:KHC:35304 WP No. 27348 of 2025 petitioner in the manner known to law, if it is required; iii) 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