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2025 DAILYLAW 56619 (KAR)

SMT DEEPA S JAYARAM v. THE CHIEF COMMISSIONER AND APPELLATE AUTHORITY BBMP

WP/23142/2025 · 2025-09-08

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35121 WP No. 23142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23142 OF 2025 (LB-BMP) BETWEEN: 1. SMT. DEEPA S. JAYARAM W/O MAHESH S.V. AGED ABOUT 48 YEARS R/AT NO.2121, SHOBHA TULIP 24TH MAIN ROAD, J.P.NAGAR 6TH PHASE BENGALURU-560 078. …PETITIONER (BY SRI. JAGADEESH D.C., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER AND APPELLATE AUTHORITY, BBMP N.R.SQUARE, BENGALURU-560 001. 2. THE ASST. DIRECTOR OF TOWN PLANNING (SOUTH) BBMP COMMERCIAL COMPLEX 9TH CROSS ROAD, 9TH MAIN ROAD 2ND BLOCK, JAYANAGAR BENGALURU-560 011. …RESPONDENTS (BY SRI. H.DEVENDRAPPA, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN NATURE OF MANDAMUS DIRECTION RESPONDENT NO.1 TO TAKE UP THE APPEAL NO.75/2025 FILED BY THE PETITIONER U/S 253 OF BBMP ACT, 2020 FILED AGAINST THE CONFIRMATION ORDER BEARING Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35121 WP No. 23142 of 2025 NO.¸À.¤.£À.AiÉÆÃ.(zÀ) ¹N/26/2024-25 DATED 27.05.2024 AND ALSO IA FILED BY THE PETITIONER FOR GRANT OF INTERIM ORDER FORTHWITH, VIDE ANNEXURE-E SERIES, IN ACCORDANCE WITH LAW 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 The case of the petitioner is that she has put up construction in accordance with law. However, the respondents-Bruhath Bengaluru Mahanagara Palike (for short, 'the BBMP') have initiated action against the petitioner. It has resulted in an appeal being filed by the petitioner before the Chief Commissioner under Section 253 of the Bruhath Bengaluru Mahanagara Palike Act, 2020 (for short 'the BBMP Act') and the same is pending as Appeal No.75/2025. However, on the ground that there are no regular sittings and the matter is not taken up for hearing and there is a threat of demolition, the present writ petition is filed with the following prayers: "a) Issue a writ or order or direction in the nature of mandamus directing the Respondent No.1 to take up the Appeal No.75/2025 filed by the Petitioner U/S 253 - 3 - HC-KAR NC: 2025:KHC:35121 WP No. 23142 of 2025 of BBMP Act, 2020, filed against the confirmation order bearing no.¸À.¤.£À.AiÉÆÃ.(zÀ) ¹N/26/2024-25 dated 27/05/2024 and also IA filed by the Petitioner for grant of interim order forthwith, vide Annexure-E- series, in accordance with law; b) Pass any other suitable order or direction as this Hon'ble court deems fit to pass in the facts and circumstance of the case, In the interest of justice and equity." 2. Learned counsel for the respondents-BBMP, upon instructions, submits that the appeal filed by the petitioner will be disposed of as expeditiously as possible. 3. As the petitioner has filed an appeal and no orders have been passed in the same, under the given facts and circumstances of the case, this Court is of the opinion that the interest of justice would be met, if the respondents-BBMP are directed not to take any coercive steps against the petitioner till disposal of the appeal or any suitable order is passed in the said appeal. 4. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:35121 WP No. 23142 of 2025 ORDER i. The Writ Petition is hereby disposed of. ii. Respondent No.1 - the Chief Commissioner is directed to dispose of Appeal No.75/2025 as expeditiously as possible and the respondents shall not take any coercive steps against the property of the petitioner till appropriate orders are passed in the appeal. iii. It is hereby made clear that no opinion is expressed on the merits of the case and respondent No.1 shall decide the appeal based on the materials placed on record. iv. The petitioner shall not put up any additional construction on the property concerned. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 42