- 1 - HC-KAR NC: 2025:KHC:36482 WP No. 27538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.27538 OF 2025 (LB-BMP) BETWEEN: 1. SMT. SAROJINI S W/O SHANKAR N., AGED ABOUT 50 YEARS, R/AT 2ND FLOOR, NO.67, 3RD MAIN ROAD, 80 FEET ROAD, WARD NO.113, OLD THIPPASANDRA, BENGALURU-560 038. …PETITIONER (BY SRI. HIMA KIRANA S., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, JEEVANBHEEMA NAGARA SUB DIVISION, 6TH CROSS ROAD, 4TH MAIN ROAD, INDIRANAGAR, 1ST STAGE, BENGALURU-560 038. 3. THE ZONAL COMMISSIONER (EAST) ZONE BRUHAT BENGALURU MAHANAGARA PALIKE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36482 WP No. 27538 of 2025 10TH FLOOR, NETAJI SUBHASH CHANDRA BOSE BUILDING, M G ROAD, BENGALURU-560 001. 4. THE ASSISTANT EXECUTIVE ENGINEER (ELE) E6, SUB-DIVISION, BESCOM, H A L 2ND STAGE, BENGALURU-560 038. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R.1 TO R.3; SMT. ANUSHA PRASAD, ADVOCATE FOR R.4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER BEARING NO. SAM.VA.AA(POO)P.R/15/2024-25 DATED 20.12.2024 PASSED UNDER SECTION 248(1) AND THE CONFIRMATION ORDER BEARING NO.SAM.VA.AA(POO)C.O/24/2024-25 DATED 06.02.2025 PASSED UNDER SECTION 248(3) OF THE BBMP ACT, 2020, BY RESPONDENT NO.2 VIDE ANNEXURES-A AND B, AS BEING ARBITRARY, ILLEGAL AND WITHOUT JURISDICTION, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:36482 WP No. 27538 of 2025 ORAL ORDER Order under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 Act (for short 'the Act') has been passed directing the petitioner to demolish the alleged illegal construction. Aggrieved by the same, the petitioner has preferred an appeal before respondent No.1 - Chief Commissioner, BBMP under Section 253 of the BBMP Act. However, on the ground that the appeal has not been taken up for hearing, and there are no regular sittings and on the ground that the remedy is not efficacious, the present writ petition is filed with the following prayers:- "A. Issue writ of Mandamus or any other appropriate writ, order or direction, against the respondent no.1 Chief commissioner, BBMP, to forthwith take up and dispose of the petitioner's statutory appeal filed under section 235(1) of the BBMP Act 2020 vide ANNEXURE-C, within a time bound period., OR / ALTERNATIVELY Issue a writ of certiorari any other appropriate writ, order or direction, quashing the Provisional Order bearing SAM VAAA(POO)P.R/15/2024-25 dated 20.12.2024 passed under Section 248(1) and the Confirmation Order bearing no. SAM.VA.AA(POO)C.O/24/2024-25 dated - 4 - HC-KAR NC: 2025:KHC:36482 WP No. 27538 of 2025 06.02.2025 passed under Section 248(3) of the BBMP Act, 2020, by Respondent No.2 vide ANNEXURE-A & B, as being arbitrary, illegal and without Jurisdiction; B. Quash the communication bearing no. SAM.SA. KAA.PAA.AA(JEE BHI NA) P.R/167/2025-26 dated 26.06.2025 issued by Respondent No.1 to BESCOM vide ANNEXURE-P and the consequential disconnection notice bearing no. AEE.AET/E6- SD/2025-26/92 dated 03.07.2025 by Respondent No.4 vide ANNEXURE-Q. C. Direct Respondent No.4 BESCOM to forthwith restore electricity supply to the petitioner's property bearing No.67 (Old HLS No.154), situated at 3rd Main Road, 80 Feet Road, Old Thippasandra, Ward No.113, Bengaluru-560038, and ensure continuity of supply during the pendency of the appeal; D. Grant liberty to the Petitioner to approach the competent authority under section 309 of the Greater Bengaluru Governance Act, 2024, if the need arises as and when the appellate mechanism under the said Act becomes operational and functional, for adjudication of her statutory appeal and connected interim reliefs. E. Pass such other order/s as this Hon'ble Court may deem fit in the facts and circumstances of the case, including costs of this petition." - 5 - HC-KAR NC: 2025:KHC:36482 WP No. 27538 of 2025 2. The learned counsel for respondent Nos.1 to 3 - BBMP upon instructions, submits that the appeal filed by the petitioner will be considered in due course. 3. However, taking into consideration that the building which is sought to be demolished is habitated and it was having the necessary electricity connection, I am of the opinion it would be appropriate to direct the respondents not to precipitate the matter against the petitioner and to restore the electricity till an appropriate decision is taken by respondent No.1 in the appeal said to have been filed by the petitioner. 4. Hence the following:- ORDER i. Respondent No. 1 is directed to dispose of the appeal filed by the petitioner as expeditiously as possible. ii. Till appropriate orders are passed in the appeal, respondent Nos. 1 to 3 shall not precipitate the matter against the petitioner. iii. Respondent No. 4 shall restore power supply to the building of the petitioner subject to payment of - 6 - HC-KAR NC: 2025:KHC:36482 WP No. 27538 of 2025 all necessary charges and the said restoration of electricity will also be subject to the result of a decision that would be taken by respondent No.1 in the appeal said to have been filed by the petitioner. iv. It is hereby clarified that no opinion has been expressed on the merits of the case and respondent No.1 shall decide the appeal of the petitioner based on the materials produced. v. Accordingly, the writ petition is disposed of. vi. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 4