- 1 - HC-KAR NC: 2025:KHC:26192 WP No. 20788 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.20788 OF 2025 (LB-BMP) BETWEEN: 1. MOHAN SINGH P S/O LATE PEHAP SINGH AGED ABOUT 60 YEARS 2. SANTOSH KANWAR W/O MOHAN SINGH AGED ABOUT 53 YEARS BOTH ARE RESIDING AT NO.28, VN08, 4TH FLOOR VENKAT NIVAS SUBRAMANYA LANE AKKIPET CROSS BENGALURU - 560053 …PETITIONERS (BY SRI. ROHAN S, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BBMP HAVING OFFICE AT: NR SQUARE BENGALURU - 560001 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26192 WP No. 20788 of 2025 2. THE ZONAL COMMISSIONER WEST ZONE BBMP HAVING OFFICE AT: BASHYAM PARK, SHESHADRIPURAM BENGALURU - 560020 3. THE ASSISTANT EXECUTIVE ENGINEER RAJAJINAGAR SUB-DIVISION BBMP BANGALORE - 560010 …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE DATED 02.06.2025 BEARING NO.BBMP/ZC/WZ/PR/79/2025-26 PASSED UNDER SECTION 248(2) OF THE BBMP ACT, 2020 BY THE R2 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed assailing the provisional order dated 02.06.2025 passed under Section 248(2) of the BBMP Act, 2020. - 3 - HC-KAR NC: 2025:KHC:26192 WP No. 20788 of 2025 2. Learned counsel appearing for the petitioners reiterating the grounds would point out that the provisional order is not served on the petitioners and therefore, the petitioners cannot contest the proceedings before the Authority proceeds to pass the Confirmation Order under Section 248(3) of the BBMP Act, 2020. 3. The petitioners’ primary grievance is that the provisional order purportedly passed under Section 248(2) of the BBMP Act, 2020 was never served upon them. On this basis, they contend that the proceedings are vitiated for want of compliance with the principles of natural justice, as they were denied an opportunity to respond to the said provisional order. 4. Upon perusal of the records, this Court is of the view that the petitioners ought to have contested the proceedings by filing objections to the provisional order under Section 248(2) of the Act. However, in order to strike a balance and ensure adherence to the principles of - 4 - HC-KAR NC: 2025:KHC:26192 WP No. 20788 of 2025 natural justice, this Court is of the considered opinion that respondent No.2 shall furnish a copy of the said provisional order to the petitioners forthwith. 5. Upon receipt of the provisional order, the petitioners shall be granted a period of four weeks to file their objections. In the event objections are filed within the stipulated time, respondent No.2 shall afford an opportunity of hearing to the petitioners and thereafter proceed to pass appropriate orders in accordance with law under Section 248(3) of the BBMP Act, 2020. With the above directions and observations, the writ petition stands disposed of. It is made clear that respondent No.2 shall not take any coercive steps against the petitioners until the proceedings are concluded under Section 248(3) of the BBMP Act, 2020. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 29