- 1 - HC-KAR NC: 2025:KHC:32115 WP No. 24154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.24154 OF 2025 (LB-BMP) BETWEEN: SMT. ROOPA K. W/O MOHAN K. A, AGED ABOUT 41 YEARS R/AT NO.54, 1ST FLOOR, BHARATH NAGAR, 2ND STAGE, BEL LAYOUT, HEROHALLI, BENGALURU - 560 091. …PETITIONER (BY SRI. RAVINSON M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. BRUHAT BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS CHIEF COMMISSIONER, N.R. SQUARE, BENGALURU-560002. 3. THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARI NAGAR, BENGALURU-560 098. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32115 WP No. 24154 of 2025 4. THE ZONAL COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, MALLESWARAM, BENGALURU- 560003. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. PAVAN KUMAR, ADV. FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE NOTICES, ORDERS PASSED BY RESPONDENT NO.3; ANNEXURE-A NOTICE BEARING NO. VA.HA.(R.R.NAGAR)/PR/217/2024-25, DATED 30.06.2025, PASSED UNDER SECTION 248 (1) OF BBMP ACT, 2020; ANNEXURE-B SHOW CAUSE NOTICE BEARING NO. VA.HA.(R.R. NAGAR)/PR/218/2024-25, DATED 30.06.2025, PASSED UNDER SECTION 248 (2) OF BBMP ACT, 2020; ANNEXURE-C ORDER BEARING NO.ZNN/RRN/PO/465/25-26, DATED 18.07.2025 PASSED UNDER SECTION 248 (3) R/W 356 (1) OF BBMP ACT, 2020 AND AS ONE WITHOUT JURISDICTION AND IS IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING/PHYSICAL 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), read with Section 356(1) of the Bruhat Bengaluru Mahanagara Palike Act (for short 'BBMP Act') the petitioner has preferred this writ petition. - 3 - HC-KAR NC: 2025:KHC:32115 WP No. 24154 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, she 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 Orders passed require demolition of the alleged deviations. 4. The case of the petitioner is that there is no such deviation and even if there are deviations, they can be regularized. Under the circumstances, I am of the opinion that interests of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolishing her property till a suitable decision is taken by the Appellate Authority based - 4 - HC-KAR NC: 2025:KHC:32115 WP No. 24154 of 2025 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. iv. The petitioner is prohibited from putting up additional constructions on the property. v. It is hereby made clear that no opinion has been expressed on merits and it is for the Appellate Authority to take appropriate decisions in accordance with law without - 5 - HC-KAR NC: 2025:KHC:32115 WP No. 24154 of 2025 being influenced by any of the observations made hereinabove. vi. The respondents are given liberty to proceed in accordance with the impugned orders, if the petitioner fails to prefer an appeal within a period of three weeks from today. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 18