- 1 - HC-KAR NC: 2025:KHC:38686 WP No. 29400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 29400 OF 2025 (LB-BMP) BETWEEN: 1. SRI A S RAJASHEKHAR, S/O LATE A M SUBRAMANIAM SHETTY AGED ABOUT 66 YEARS R/A NO 575, 7TH MAIN ROAD VIJAYANAGAR, HOSAHALLI EXTENSION BENGALURU 560040. …PETITIONER (BY SRI. LEELADHAR H P., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU 560002. 2. ZONAL COMMISSIONER (SOUTH) OFFICE OF THE ZONAL COMMISSIONER (SOUTH) DIVISION BBMP, BENGALURU 560011. 3. ASSISTANT EXECUTIVE ENGINEER OFFICE OF THE BBMP VIJAYANAGAR SUB DIVISION NR SQUARE BENGALURU 560001. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38686 WP No. 29400 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI ORDER OR DIRECTION IN THE FORM OF WRIT TO QUASH THE NOTICE NO.VA.AA(RA)/STHI AA/P.R/52/2025-26 DATED 25.08.2025 ISSUED BY THE 2ND RESPONDENT HEREIN ZONAL COMMISSIONER, SOUTH DIVISION, BBMP UNDER SECTION 248(3), 356(1) OF THE BBMP ACT, UNDER ANNEXURE-A ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the order passed by respondent No.2 under Sections 248(3) and 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act'), the petitioner has preferred this writ petition. 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, he was constrained to file the writ petition. - 3 - HC-KAR NC: 2025:KHC:38686 WP No. 29400 of 2025 3. The learned counsel for the respondent-Bruhat Bengaluru Mahanagara Palike, upon instructions, submits that if an appeal were to be filed by the petitioner, the same will be decided as expeditiously as possible. 4. The case of the petitioner is that there is no such deviation and even if there are any deviation existing, it can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolishing his property till a suitable decision is taken by the Appellate Authority based 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. - 4 - HC-KAR NC: 2025:KHC:38686 WP No. 29400 of 2025 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, provided petitioner prefers an appeal within three weeks. iv. The petitioner is prohibited from putting up additional construction on the property. v. It is hereby made clear that no opinion has been expressed on merits of the case and it is for the Appellate Authority to take appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. vi. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 3 Sl No.: 2