- 1 - HC-KAR NC: 2025:KHC:34330 WP No. 26271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26271 OF 2025 (LB-BMP) BETWEEN: SRI THIMMASHETTY VENAKATARAGHURAM AGED ABOUT 41 YEARS S/O SUBBA RAO PERMANENTLY R/AT NO.5-60-1/100 ASHOKNAGAR 4/5 GUNTUR ANDHRA PRADESH - 522 659 …PETITIONER (BY SRI. AKASH V.T., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R SQUARE BENGALURU BENGALURU - 560 002 2. ASSISTANT EXECUTIVE ENGINEER HODDY SUB DIVISION, MAHADEVAPURA BRUHAT BANGALORE MAHANAGARA PALILKE BANGALORE - 560 048 3. M/S BENGALURU ELECTRICITY SUPPLY CO LTD REP BY ITS CHAIRMAN AND MANAGING DIRECTOR SHESHADRI ROAD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34330 WP No. 26271 of 2025 K.R. CIRCLE BENGALURU - 560 001 4. THE ASSISTANT EXECUTIVE ENGINEER SOUTH 07 SUB DIVISION, B.E.S.C.O.M BENGALURU - 560 037 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2 SRI. ANUSHA PRASAD, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASHING THE PROVISIONAL ORDER DATED 28/06/2022 UNDER SECTION 248 (1) OF B.B.M.P ACT, 2020 BEARING NO. BBMP/AEE/HSD/SD/PR/43/2022-23 PASSED BY RESPONDENT NO.2 AT ANNEXURE -A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN 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 petitioner has preferred this writ petition. - 3 - HC-KAR NC: 2025:KHC:34330 WP No. 26271 of 2025 2. Admittedly, the petitioner is having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioner submits that there are no regular sittings of the Appellate Authority and hence, he was 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 petitioner will be considered. It is noticed that the impugned orders contemplates demolition of the alleged deviations. 4. The case of the petitioner is that there is no such deviation and even if there are any deviation existing, it can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolishing his property till a - 4 - HC-KAR NC: 2025:KHC:34330 WP No. 26271 of 2025 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 petitioner is 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 petitioner till the Appellate Authority takes a decision in respect of the property of the petitioner, provided petitioner prefer an appeal within three weeks. iv. The petitioner is 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 - 5 - HC-KAR NC: 2025:KHC:34330 WP No. 26271 of 2025 appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. Sd/- (M.I.ARUN) JUDGE GJM List No.: 1 Sl No.: 15