MADEM GURU BHASKAR REDDY v. THE CHIEF COMMISSIONER
WP/20609/2025 · 2025-07-10
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70915 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70915 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25836 WP No. 20609 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20609 OF 2025 (LB-BMP)
BETWEEN:
1.
MADEM GURU BHASKAR REDDY S/O MADEM DASTAGIRI REDDY AGED ABOUT 40 YEARS NO. 16, K.NO. 45, 1ST CROSS, RIGHT SIDE CAMBRIDGE GARDEN LAYOUT KODIGEHALLI, BENGALURU-560048. …PETITIONER
(BY SRI. SANTHOSH KUMAR .M.B, ADVOCATE)
AND:
1.
THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE (BBMP), N R SQUARE, BENGALURU-560002.
2.
THE ASSISTANT EXECUTIVE ENGINEER HODI SUB DIVISION MAHADEVAPURA DIVISION BENGALURU-560048.
3.
THE ASSISTANT EXECUTIVE ENGINEER OPERATIONS AND MAINTENANCE BANGALORE ELECTRICITY SUPPLY COMPANY (BESCOM), E 7, SUB DIVISION BENGALURU-560016. …RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2;
SMT. ANUSHA PRASAD, ADVOCATE FOR R3)
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25836 WP No. 20609 of 2025
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18-06-2024 VIDE NO.
BBMP/SA.KA.AA/HU.HU.VI/C.AA/175/2024-25 ISSUED UNDER SECTION 248(3) OF THE BBMP ACT BY RESPONDENT NO. 2 VIDE ANNEXURE-H AND ALL FURTHER PROCEEDINGS PURSUANT THERETO AND 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
This is a cleverly drafted writ petition with a view to secure some respite at the hands of writ Court under Article 227. While petitioner has suffered an order under Section 248(3) of BBMP Act, 2020, instead of availing efficacious remedy of appeal under Section 253 before Chief Commissioner of BBMP, an application is moved under section 240(8) seeking regularization and this writ petition is filed challenging the confirmation order under
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HC-KAR NC: 2025:KHC:25836 WP No. 20609 of 2025
Section 248(3) as well as a mandamus against respondent No.1 to expedite and decide the application filed under Section 240(8).
2. This Court is not inclined to entertain the petitioner's contention, which is found to be without legal merit. When a confirmation order has already been passed under Section 248(3) of the BBMP Act, 2020, respondent No.1 is under no statutory obligation to consider the petitioner’s subsequent application filed under Section 240(8) of the said Act. However, it is always open for the petitioner to challenge the confirmation order passed under Section 248(3) by availing the remedy available under law.
3. In view of the above, while reserving liberty to the petitioner to avail the remedy of appeal, if so advised, against the confirmation order passed under Section 248(3), the writ petition stands disposed of.
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HC-KAR NC: 2025:KHC:25836 WP No. 20609 of 2025
4. It is further directed that the respondents shall not give effect to the confirmation order passed under Section 248(3) for a period of two weeks from the date of this order, so as to enable the petitioner to avail appropriate remedies in accordance with law.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
CA List No.: 2 Sl No.: 4