- 1 - HC-KAR NC: 2025:KHC:35687 WP No. 26228 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.26228 OF 2025 (LB-BMP) BETWEEN: 1. M/S CORPADV SERVICES LLP REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT, 2008, NO.1, ASHOKA PILLAR 5TH FLOOR, OLD NO.337, 3RD CROSS, 1ST BLOCK JAYANAGAR, JAYANAGAR III BLOCK, BANGALORE-560 011 REPRESENTED BY ITS DESIGNATED PARTNER MR. K DUSHYANTHA KUMAR. 2. M/S VSVCORP SERVICES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, NO.1, ASHOKA PILLAR 5TH FLOOR, OLD NO.337, 3RD CROSS, 1ST BLOCK JAYANAGAR JAYANAGAR III BLOCK, BANGALORE-560 011 REPRESENTED BY ITS DIRECTOR MR. K DUSHYANTHA KUMAR. …PETITIONERS (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI SUNDARA RAMAN M V., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35687 WP No. 26228 of 2025 AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS CHIEF COMMISSIONER N R SQUARE, BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, SOUTH ZONE, JAYANAGAR BENGALURU-560 011. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE, JAYANAGAR, BENGALURU-560 011. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER PASSED BY THE RESPONDENT NO.3 UNDER SECTION 248(1) OF THE BBMP ACT BEARING NO.SAM.SA.NI.NAYO(DA)/PO/159/2023-24 DATED 24.11.2023 (ANNEXURE-A); ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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:35687 WP No. 26228 of 2025 ORAL ORDER Aggrieved by the orders passed under Sections 248(1), 248(2) and 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act'), the petitioners have preferred this writ petition. 2. Admittedly, the petitioners are having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioners submits that there are no regular sittings of the Appellate Authority, and hence, they were constrained to file the writ petition. 3. The learned counsel for the BBMP submits that the sitting of the Appellate Authority normally takes once in a week and on a seniority basis, the case of the petitioners will be considered. It is noticed that the impugned orders contemplates demolition of the alleged deviations. 4. The case of the petitioners is that there is no such deviation and even if there are any deviation existing, it - 4 - HC-KAR NC: 2025:KHC:35687 WP No. 26228 of 2025 can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioners are relegated to the Appellate Authority and accorded protection from demolishing their property till a suitable decision is taken by the Appellate Authority based on the merits of the case. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioners are granted three weeks' time from today to prefer an appeal before the Appellate Authority. iii. The respondents are directed not to precipitate the matter against the petitioners till the Appellate Authority takes a decision in respect of the property of the petitioners, provided petitioners prefer an appeal within three weeks. - 5 - HC-KAR NC: 2025:KHC:35687 WP No. 26228 of 2025 iv. The petitioners are prohibited from putting up additional construction on the property. v. It is hereby made clear that no opinion has been expressed on merits of the case and it is for the Appellate Authority to take appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. vi. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 68