- 1 - HC-KAR NC: 2025:KHC:30185 WP No. 23287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23287 OF 2025 (LB-BMP) BETWEEN: 1. SRI. ANAND SONA (SOHAN) BERGAL AGED ABOUT 44 YEARS S/O SOHAN SITARAM BERGAL RESIDING AT NO.12, 29TH CROSS KILLARI ROAD, ANCHEPET BENGALURU-560 053. 2. SRI.JAGANNATH SOHAN BERGAL AGED ABOUT 40 YEARS S/O SOHAN SITARAM BERGAL RESIDING AT NO.12, 29TH CROSS KILLARI ROAD, ANCHEPET BENGALURU-560 053. 3. SRI. VIJAY SOHAN BERGAL AGED ABOUT 36 YEARS S/O SOHAN SITARAM BERGAL RESIDING AT NO.12, 29TH CROSS KILLARI ROAD, ANCHEPET BENGALURU-560 053. …PETITIONERS (BY SRI. ABHILESH J., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS CHIEF COMMISSIONER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30185 WP No. 23287 of 2025 N.R.SQUARE, BENGALURU-560 002. 2. ASSISTANT EXECUTIVE ENGINEER JEEVANBHEEMANAGAR SUB-DIVISION 6TH CROSS ROAD, 4TH MAIN ROAD INDIRANAGAR 1ST MAIN BENGALURU-560 038. 3. THE ZONAL COMMISSIONER JEEVANBHEEMANAGAR SUB-DIVISION 6TH CROSS ROAD, 4TH MAIN ROAD INDIRANAGAR 1ST MAIN BENGALURU-560 038. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AS THIS HON'BLE COURT MAY DEEM FIT TO QUASH THE NOTICE DATED 28.05.2025 UNDER SECTION 313 OF THE BBMP ACT, 2020 BEARING NO.S.K.A/GBN/PR/30/25-26 (ANNEXURE- E) ISSUED BY RESPONDENT NO.2 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30185 WP No. 23287 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioners is that after obtaining the necessary plan sanction they have put up construction over the property which is the subject matter of the writ petition. However, due to financial constraints they were not in a position to complete the construction within the stipulated time in the sanctioned plan. Because of which, the respondents have issued the impugned notices calling upon them to give the necessary explanation. On the said ground, it is prayed that the notices issued by the respondents be set aside. 2. The learned counsel appearing for the respondents-Bruhat Bengaluru Mahangara Palike (BBMP) submits that apart from delayed construction, the petitioners have deviated from the sanctioned plan and hence the notices have been issued under Sections 313, 248(1) and 248 (2) of the Bruhat Bengaluru Mahanagara - 4 - HC-KAR NC: 2025:KHC:30185 WP No. 23287 of 2025 Palike Act, 2020. He further submits that if a suitable reply is given, the same will be examined and only thereafter action will be initiated against the petitioners. 3. Hence, the following: ORDER (i) The petitioners are granted three weeks time from today to submit a suitable reply to the impugned notices issued by the respondents; (ii) The respondents shall consider the said reply and pass suitable orders in accordance with law and initiate any action against the petitioners only thereafter and not earlier to it; (iii) The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 13