- 1 - HC-KAR NC: 2025:KHC:25654 WP No. 4257 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.4257 OF 2024 (LB-BMP) BETWEEN: DR. MOHANRAJ ODEYAR S/O MAYANNA ODEYAR AGED ABOUT 36 YEARS NO. 75, 3RD CROSS, MUNESHWARA BLOCK, MAHALAKSHMI LAYOUT, NEAR SOLLAPURADAMMA TEMPLE, BANGALORE - 560 086. …PETITIONER (BY SRI. T. SURYA NARAYAN, SR. COUNSEL FOR SRI. SANDEEP LAHIRI & Ms.DEEPIKA JOSHI, ADVOCATES) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE A STATUTORY BODY CONSTITUTED UNDER THE PROVISIONS OF THE KARNATAKA MUNICIPAL CORPORATION ACT, 1974 N R COLONY, BANGALORE 560 004. REPRESENTED HEREIN BY ITS COMMISSIONER. 2. ASSISTANT DIRECTOR OF URBAN PLANNING (SOUTH CENTRE) BBMP COMMERCIAL COMPLEX BUILDING, 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BANGALORE 560 011. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25654 WP No. 4257 of 2024 3. DR. S. B. GANGADHAR AGED ABOUT 65 YEARS, S/O LATE SRI BHADRAIAH NO.1559, PID NO.40-185-1559, KPA DOLLARS SKIM, CHANDRA LAYOUT, BANGALORE - 560 040. …RESPONDENTS (BY SRI. KARTHIKEYAN B S., ADVOCATE FOR R1 & R2; SRI. MANU PRABHAKAR KULKARNI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE ORDER, DIRECTION OR WRIT OF MANDAMUS TO THE R2 TO CONSIDER THE REPRESENTATION DATED 22/10/2023 (ANNEXURE-E) ADDRESSED BY THE PETITIONER TO THE R2 AND PASS ORDERS IN ACCORDANCE WITH LAW ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present writ petition is filed by an individual who is not personally aggrieved by the construction undertaken by private respondent No.3. However, by order dated 15.02.2024, this Court, taking cognizance of the photographs of the building furnished by the petitioner, was pleased to grant an ex parte interim order restraining - 3 - HC-KAR NC: 2025:KHC:25654 WP No. 4257 of 2024 respondent No.3 from proceeding with further construction. 2. The learned counsel appearing for respondent No.3 has now filed an application seeking vacation of the said interim order. Along with the application, documents have been produced to demonstrate that a confirmation order has been passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, ‘BBMP Act, 2020’). It is submitted that the said confirmation order has been challenged by respondent No.3 by filing an appeal before the Appellate Authority under Section 253 of the BBMP Act, 2020. A copy of the appeal memo in Appeal No.62/2025 and the interim order dated 05.04.2025 passed therein are placed on record along with memo dated 14.07.2025. 3. Sri T. Suryanarayana, learned Senior Counsel appearing for the petitioner, contends that the appeal filed before the Appellate Authority is not maintainable in view of the - 4 - HC-KAR NC: 2025:KHC:25654 WP No. 4257 of 2024 interim order passed by this Court on 15.02.2024. However, this contention cannot be accepted at this stage. If a private individual being the owner of the immovable property has suffered a demolition order under the provisions of the BBMP Act, 2020, and a statutory remedy of appeal is available under Section 253, then the pendency of interim relief granted in favour of a third party (who is not personally aggrieved) cannot curtail or extinguish the right of appeal available to the affected individual. Further, if the Appellate Authority, in the exercise of its discretion, has granted an interim order of status quo, the petitioner cannot be permitted to continue prosecuting the present proceedings. 4. Though the learned Senior Counsel has raised objection regarding the maintainability of the appeal before the Appellate Authority during the subsistence of this Court’s interim order, this Court is of the considered view that the sequence of dates is of no relevance. Since the appeal has already been filed and is presently pending before the - 5 - HC-KAR NC: 2025:KHC:25654 WP No. 4257 of 2024 Appellate Authority under Section 253 of the BBMP Act, 2020, this Court finds no reason to further entertain the present writ petition especially in light of the petitioner’s lack of locus standi. Accordingly, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SBN List No.: 1 Sl No.: 2