- 1 - HC-KAR NC: 2025:KHC:30187 WP No. 23701 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. 23701 OF 2025 (LB-BMP) BETWEEN: 1. KVN MONSTER MIND CREATIONS LLP OFFICE AT 2011, EMBASSY HABITAT PALACE CROSS ROAD, VASANTHNAGAR BANGALORE-560 052. LIMITED LIABILITY PARTNERSHIP FIRM REP. BY AUTHORISED SIGNATORY GOUTHAM M.R. S/O E.MUNIRAJU AGED ABOUT 33 YEARS. …PETITIONER (BY SRI. R. VYBHAV, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. REPRESENTED BY ITS COMMISSIONER. 2. ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE R.R. NAGARA ZONAL OFFICE IDEAL HOMES, 18TH CROSS RR NAGAR ZONE, BANGALORE-560 098. 3. ASSISTANT EXECUTIVE ENGINEER YESHWANTPURA SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE 2ND FLOOR, COMMERCIAL COMPLEX NEAR CHOWDERSHWARI BUS STAND MATHIKERE, BANGALORE-560 054. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30187 WP No. 23701 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11.06.2025 NO.Va.Aa/RaRaNaVa/P.R/209/2025-26 PASSED BY RESPONDENT NO.2, PRODUCED HEREIN AS ANNEXURE-A AND 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 Proceedings have been initiated against the petitioner under Section 248(3) and also Section 356(1) of Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act'). The confirmation order dated 24.09.2024 vide Annexure-B to the writ petition has been passed by respondent no.3 under Section 248(3) of BBMP Act. The said order is passed against one Sri. Karthik S.K. in respect of the property which the petitioner claims to be the lessee and the owner being M/s. Canara Bank. The order under Section 356(1) is passed by respondent no.2 as against the same one Sri. Karthik S.K. 2. The case of the petitioner is that, it is the lessee of the property which is the subject matter of the writ petition and - 3 - HC-KAR NC: 2025:KHC:30187 WP No. 23701 of 2025 it is in possession of the said property and it has put up temporary construction on the property concerned and the said construction is not in violation of any law and if given an opportunity, it would be in a position to convince the authorities concerned regarding the same. It is further submitted that the impugned orders have been passed without notice to the petitioner, because of which it was not in the petition to put forth its case before the authorities concerned. It is also submitted that the order under Section 248(3) of BBMP Act is passed by respondent no.3 who has no jurisdiction to pass the same. On the said grounds, it is prayed that the impugned orders be set aside. 3. Learned counsel for the respondents fairly submits that appropriate notices will be issued to the petitioner in accordance with law by the person having the jurisdiction to do so and action will be initiated against the petitioner only after hearing the petitioner and not otherwise. 4. Admittedly, the impugned orders have been passed without affording an opportunity of hearing to the petitioner. - 4 - HC-KAR NC: 2025:KHC:30187 WP No. 23701 of 2025 Further, the confirmation order under Section 248(3) of the BBMP Act is passed by respondent no.3 who has no jurisdiction to pass the same and it should have been passed by respondent no.2. 5. For the aforementioned reasons, the following: ORDER (i) The impugned order dated 24.09.2024 passed by respondent no.3 (vide Annexure-B to the writ petition) is hereby set aside; (ii) The impugned order dated 11.06.2025 passed by respondent no.2 (vide Annexure-A to the writ petition) is hereby set aside; (iii) The respondents are given liberty to initiate appropriate action against the petitioner in accordance with law, if required; (iv) The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG