- 1 - HC-KAR NC: 2025:KHC:26194 WP No. 17214 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17214 OF 2025 (LB-BMP) BETWEEN: 1. SMT. HEMALATHA W/O B N LOKESH AGED ABOUT 59 YEARS R/AT NO.58 (OLD NO.164/B) RESERVOIR STREET BASAVANAGUDI BANGALORE WARD NO.188 (167) BANGALORE- 560004 2. B N LOKESH S/O LATE B H NARASIMHAIAH AGED ABOUT 59 YEARS R/AT NO.58 (OLD NO.164/B) RESERVOIR STREET BASAVANAGUDI BANGALORE WARD NO.188 (167) BANGALORE- 560004 …PETITIONERS (BY SRI.SANDEEP LAHIRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA VIDHANA VEEDHI BANGALORE- 560001 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26194 WP No. 17214 of 2025 2. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE SOUTH ZONE 2ND FLOOR BBMP COMMERCIAL BUILDING 9TH CROSS ROAD 2ND BLOCK, JAYANAGAR BANGALORE- 560011 3. BRUHAT BANGALURU MAHANAGARA PALIKE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER'S BANASHANKARI TEMPLE SUB-DIVISION YEDIYUR COMMERCIAL COMPLEX S KARIYAPPA ROAD, BBMP BANGALORE- 560082 …RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R.1; SRI.PAWAN KUMAR, ADVOCATE FOR R.2 AND R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.04.2025 PASSED BY THE R2 IN CASE NO.VA. AA (DA) STHA.AA/PR/18/2025-26 UNDER SECTION 248(3) AND 356(1) OF THE BBMP ACT, 2020 (ANNEXURE -A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners are assailing the Confirmation Order dated 25.04.2025 passed by respondent No.2 under Section 248(3) of the BBMP Act, 2020 as per Annexure -A. - 3 - HC-KAR NC: 2025:KHC:26194 WP No. 17214 of 2025 2. Heard the learned counsel appearing for the petitioners, the learned counsel appearing for respondent Nos.2 and 3, and the learned Additional Government Advocate appearing for respondent No.1. 3. The records clearly indicate that the petitioners have already challenged the Confirmation Order passed under Section 248(3) of the BBMP Act, 2020 before the Appellate Authority by filing an appeal under Section 253 of the BBMP Act, 2020. Although this writ petition is not maintainable in view of the availability of an efficacious alternative remedy, this Court, taking note of the fact that the Appellate Authority has not considered the interlocutory application seeking interim relief despite the appeal having been filed on 27.05.2025, was inclined to grant limited protection vide interim order dated 16.06.2025. 4. Considering that the appeal in Appeal No.126/2025 pertains to a demolition order involving an immovable residential property, and that the petitioners, - 4 - HC-KAR NC: 2025:KHC:26194 WP No. 17214 of 2025 who are stated to have constructed a residential house, have not yet been granted an opportunity of hearing on their interim application, this Court is of the view that the interim protection granted earlier deserves to be continued. The inaction on the part of the Appellate Authority in considering the interlocutory application till date necessitates continuation of interim protection until the said application is disposed of in accordance with law. 5. In light of the above, this Court proceeds to pass the following: ORDER (i) The writ petition stands disposed of. (ii) The interim order granted by this Court on 16.06.2025 shall remain in force and shall continue to operate until the Appellate Authority considers and passes appropriate orders on the interlocutory - 5 - HC-KAR NC: 2025:KHC:26194 WP No. 17214 of 2025 application/interim prayer filed in Appeal No.126/2025, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 10