- 1 - HC-KAR NC: 2025:KHC:29208 WP No. 35805 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.35805 OF 2024 (LB-BMP) BETWEEN: 1. M/S OXFORD ENGLISH HIGH SCHOOL (RECOGNIZED BY GOVERNMENT OF KARNATAKA) NO.160, TEACHERS COLONY MAIN ROAD NAGARABHAVI, BANGALORE-560 072, REPRESENTED BY ITS SECRETARY PROF. (DR.) B R SUPREETH. …PETITIONER (BY SRI. ASWATHAPPA D., ADVOCATE) AND: 1. THE ZONAL COMMISSIONER OFFICE OF WEST ZONE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) BHASHYAM PARK SHESHADRIPURAM BANGALORE-560 020. 2. THE ASSISTANT EXECUTIVE ENGINEER CHANDRA LAYOUT SUB DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) PALIKE SOUDHDA, 2ND FLOOR SIDDA GANGA SCHOOL ROAD 14TH CROSS, CHANDRA LAYOUT 1ST STAGE, BANGALORE-560 072. …RESPONDENTS (BY SRI. B.S. KARTHIKEYAN, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29208 WP No. 35805 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED PROVISIONAL ORDER/NOTICE BEARING NO.BBMP/VA/PV/PR/2024-25 DATED 24.12.2024 PASSED BY THE FIRST RESPONDENT PRODUCED AS ANNEXURE-C., 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 1. On the ground that the petitioner is putting up construction in violation of building bye-laws without taking the necessary plan sanction, the respondent-BBMP has issued a notice under Sections 248(1) and 248(2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 ('the BBMP Act' for short). Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner-School is that the construction is being put up in accordance with law and even if there are minor deviations, the same can be regularized. - 3 - HC-KAR NC: 2025:KHC:29208 WP No. 35805 of 2024 3. Learned counsel for the respondents, upon instructions, submits that what is issued to the petitioner is only a notice under Sections 248(1) and 248(2) of the BBMP Act and an opportunity is given to the petitioner to show cause why the intended action should not be taken against the petitioner-School. If the petitioner is in a position to show that the building is constructed in accordance with law and the minor deviations can be regularized, suitable orders will be passed and adverse action will be taken against the petitioner, if the petitioner fails to show that the construction is in accordance with law and not otherwise. 4. What is impugned in the present petition is the show cause notice dated 24.12.2024 issued by respondent No.1 under Sections 248(1) and 248(2) of the BBMP Act. The petitioner is at liberty to show cause why no adverse action should be initiated against it. 5. For the aforementioned reason, the writ petition is hereby disposed of reserving the liberty to the petitioner - 4 - HC-KAR NC: 2025:KHC:29208 WP No. 35805 of 2024 to reply to the impugned notice to respondent no.1, within a period of three weeks from today. If the petitioner were to submit its response within the said period of three weeks, the respondents shall consider the same in accordance with law and pass appropriate orders. Till such time, no precipitative action shall be taken against the petitioner. 6. It is needless to state that if the petitioner fails to submit its objections to the show cause notice within a period of three weeks as aforesaid, the respondents are at liberty to proceed against the petitioner. The respondent- BBMP is also at liberty to hear the complainant who had originally complained against the petitioner. Pending I.As., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 44