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2025 DAILYLAW 71950 (KAR)

MURUGAN P v. THE CHIEF COMMISSIONER

WP/20626/2025 · 2025-07-10

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25835 WP No. 20626 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. 20626 OF 2025 (LB-BMP) BETWEEN: 1. MURUGAN .P S/O LATE PADMANABHAN .K.S AGED ABOUT 42 YEARS R/AT SITE NO. 7, 4TH CROSS CAMBRIDGE GARDEN LAYOUT KODIGEHALLI, BENGALURU 560048. 2. REGINA .P W/O MURUGAN .P AGED ABOUT 40 YEARS R/AT SITE NO. 7, 4TH CROSS CAMBRIDGE GARDEN LAYOUT KODIGEHALLI, BENGALURU 560048. …PETITIONERS (BY SRI. SANTHOSH KUMAR .M.B, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGLAURU MAHANAGARA 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) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25835 WP No. 20626 of 2025 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) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 22.04.2024 VIDE NO. BBMP/SA.KA.AA/HU.HU.VI/C.AA/642/2023-24 ISSUED UNDER SECTION 248(3) OF THE BBMP ACT BY R-2 VIDE ANNEXURE-H AND ALL FURTHER PROCEEDINGS PURSUANT THERETO. 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 petitioners have 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 - 3 - HC-KAR NC: 2025:KHC:25835 WP No. 20626 of 2025 under 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 petitioners' 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 petitioners' subsequent application filed under Section 240(8) of the said Act. However, it is always open for the petitioners 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 petitioners to avail the remedy of appeal, if so advised, against the confirmation order passed under Section 248(3), the writ petition stands disposed of. - 4 - HC-KAR NC: 2025:KHC:25835 WP No. 20626 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 petitioners to avail appropriate remedies in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 6