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2025 DAILYLAW 70800 (KAR)

SRI BIPIN MANJUNATH v. BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP),

WP/24552/2025 · 2025-08-14

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31687 WP No. 24552 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.24552 OF 2025 (LB-BMP) BETWEEN: 1. SRI BIPIN MANJUNATH S/O. C.R. MANJUNATH, AGED ABOUT 26 YEARS, RESIDING AT NO.288, 6TH MAIN, 9TH BLOCK, NAGARBHAVI 2ND STAGE, BANGALORE-560 072. …PETITIONER (BY SRI. PRITHVEESH M.K., ADVOCATE) AND: 1. BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP), REPRESENTED BY ITS CHIEF COMMISSIONER, N.R. SQUARE, BANGALORE - 560 002. 2. THE ZONAL COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARINAGAR ZONE, BANGALORE - 560 098. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31687 WP No. 24552 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.07.2025 ISSUED BY THE 2ND RESPONDENT BEARING NO. V.A/RARANAVA/P.O/246/2025-26 PASSED UNDER SECTION 248(3) READ WITH 356(1) OF THE BRUHATH BENGALURU IN THE MAHANAGARA PALIKE ACT, 2020 (ANNEXURE-A), IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has challenged the order passed under Section 248(3) read with 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act'). 2. The learned counsel for the respondents submits that petitioner is having an alternative and efficacious remedy under Section 253 of the Act and prays for dismissal of the writ petition. 3. The learned counsel for the petitioner fairly submits that he would prefer an appeal, but prays for some interim protection as there are no regular sittings of the Appellate Authority and there is a threat of demolition / disconnection of - 3 - HC-KAR NC: 2025:KHC:31687 WP No. 24552 of 2025 water and electricity supply. It is specifically contended that petitioner has not violated the sanction plan / building bye- laws and even if there is any violation, the same can be regularized in accordance with law and the impugned order is passed without application of mind. 4. Based on the above mentioned submission, the following order is passed:- ORDER i. The writ petition is hereby dismissed reserving the liberty to the petitioner to file an appeal under Section 253 of the Act. The said appeal shall be filed within a period of three weeks from today. ii. Respondents shall not precipitate the matter against the petitioner till a decision is taken in the appeal to be filed by the petitioner provided petitioner files the said appeal within a period of three weeks. iii. It is hereby clarified that no opinion has been expressed on the merits of the case and it is for - 4 - HC-KAR NC: 2025:KHC:31687 WP No. 24552 of 2025 respondent No.1 to decide the matter in accordance with law. iv. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 3 Sl No.: 1