- 1 - HC-KAR NC: 2025:KHC:27028 WP No. 21480 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21480 OF 2025 (LB-BMP) BETWEEN: 1. SRI. C.R. PAUL S/O. C.P. RAPPAI AGED ABOUT 68 YEARS 2. SMT. ELSI PAUL W/O. C.R. PAUL AGED ABOUT 63 YEARS BOTH ARE R/AT SY.NO.4, 5TH CROSS CHIKKABETTAHALLI VILLAGE VIDHYARANYAPURA POST BENGALURU-560 097. …PETITIONERS (BY SRI. DEVARAJU .H.V, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU-560 002. 2. THE ZONAL COMMISSIONER YELAHANK DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) BYATARAYANAPURA AMRUTHAHALLI MAIN ROAD BANGALORE-560 092. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27028 WP No. 21480 of 2025 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) YELAHANKA NEW TOWN SUB-DIVISION BENGALURU 560 064. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE CONNECTED RECORDS AND TO QUASH THE PROVISIONAL ORDER, DATED 01.04.2025 BEARING NO. BBMP/ZC/YZ/PR/935/2024-25, UNDER SECTION 248(1) AT ANNEXURE -F, THE ORDER DATED 01.04.2025 UNDER SECTION 248(2) AT ANNEXURE-G AND CONFIRMATION ORDER BEARING NO. BBMP/ZC/YZ/PR/961/2025-26, DATED 06.06.2025, PASSED BY THE 2ND RESPONDENT UNDER SECTION 248 (3) AND 356 (1) OF THE BRUHATH BENGALURU MAHANAGARA PALIKE ACT, 2020 AT ANNEXURE - L IS IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE 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 Petitioners herein assailing the confirmation order passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 have availed the remedy of an appeal before the respondent No.1/appellate authority by filing an appeal under Section 253 of the BBMP Act. - 3 - HC-KAR NC: 2025:KHC:27028 WP No. 21480 of 2025 2. It is brought to the notice of this Court that the petitioners have availed the statutory remedy by filing an appeal before the Appellate Authority as contemplated under the provisions of the BBMP Act. The said appeal is pending consideration, and as part of the appeal proceedings, the petitioners have also filed an application seeking interim relief on 07.07.2025. However, despite the lapse of a reasonable period, the said interim application is yet to be taken up for consideration by the Appellate Authority. In the meantime, the petitioners apprehend that the respondents may proceed to implement the confirmation order passed under Section 248(3) of the BBMP Act, which entails demolition of a residential building. 3. Faced with the imminent threat of coercive action and in the absence of any protection from the Appellate Authority, the petitioners have been compelled to approach this Court invoking its extraordinary writ jurisdiction under Article 226 of the Constitution of India. - 4 - HC-KAR NC: 2025:KHC:27028 WP No. 21480 of 2025 4. Having regard to the fact that a statutory appeal is pending consideration and more importantly, that the interim relief application filed therein remains undecided, this Court is of the considered view that the petitioners are entitled to a limited protection against coercive action, at least until such time their interim prayer is decided on its own merits by the Appellate Authority. This is particularly warranted in view of the nature of the confirmation order which, if implemented, would result in the demolition of the petitioners’ residential building, causing irreparable injury. 5. The learned counsel appearing for the respondents/BBMP submits, on instructions, that the respondents do not intend to precipitate the matter or enforce the confirmation order until such time the Appellate Authority considers and decides the petitioners’ pending interim application in accordance with law. - 5 - HC-KAR NC: 2025:KHC:27028 WP No. 21480 of 2025 6. Recording the said statement made on behalf of the respondents, the writ petition stands disposed of with a direction that the respondents shall not take any steps to implement the confirmation order passed under Section 248(3) of the BBMP Act, 2020, until the interim application filed by the petitioners on 07.07.2025 in the pending statutory appeal is duly considered and disposed of by the Appellate Authority in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 1