- 1 - HC-KAR NC: 2025:KHC:45277 WP No. 56672 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 56672 OF 2018 (LB-BMP) BETWEEN: 1. SUDHA ANIL D/O. K.C. RUDREGOWDA, AGED ABOUT 55, NO.10 (OLD NO.36) 100 FEET ROAD, JAYANAGAR 1ST BLOCK, BENGALURU-560020. 2. SIPANI ENERGY LTD., TOTAL GAS AUTO LPG DISPENSING STATION, NO.36/10, T.MARIYAPPA ROAD, 100 FEET ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU-560020 REP BY ITS GENERAL MANAGER A.C.LAXMIKANTH …PETITIONERS (BY SMT. BHAVANA G.K., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, CORPORATION OFFICE, N.R.SQUARE, BENGALURU-560002. 2. SHRI. RAMADASAPPA THE ASSISTANT EXECUTIVE ENGINEER, HOMBEGOWDA SUB-DIVISION, BRUHAT BENGALURU MAHANAGAR PALIKE, BENGALURU-560002 3. THE CHAPALLAMMA AND PLEGAMMA ABIVRUDHI SANGHA TRUST, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45277 WP No. 56672 of 2018 NO.1, 5TH CROSS ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU-560001 REPRESENTED BY SHRI K.M. NAGRAJ. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR SRI. H. DEVENDRAPPA, ADVOCATE FOR RESPONDENT NOS.1 AND 2; VIDE ORDER DATED 27.06.2024, NOTICE TO RESPONDENT NO.3 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COPY OF THE NOTICE NO.SA.KA.NI.A. (HOMBEGOWDANAGAR) TA.A/30/18-19 DATED 07.12.2018 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-P AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the notices dated 07.12.2018 issued by respondent No.2 under Sections 321(1) and 321(2) of Karnataka Municipal Corporations Act, 1976 (henceforth referred to as 'KMC Act, 1976' for short) and the notice dated 10.12.2018 issued by respondent No.2 as well as the confirmation order dated 15.12.2018 under Section 321(3) of KMC Act, 1976. 2. When this petition was listed for preliminary hearing in 'B' group, it was pointed out to the learned counsel for the petitioners that a remedy of an appeal was provided under - 3 - HC-KAR NC: 2025:KHC:45277 WP No. 56672 of 2018 Section 443(A) of Karnataka Municipal Corporations Act, 1976 and after the promulgation of the Greater Bengaluru Governance Act, 2024 (henceforth referred to as 'GBG Act' for short), an appeal remedy is provided under Section 250 of GBG Act, before the Chief Commissioner. 3. 3. The learned counsel for the petitioners after arguing the matter for sometime, submitted that the petitioners would avail the remedy of an appeal before the appropriate authority. 4. In view of the above, this petition is dismissed. It is however open for the petitioner to avail the remedy of an appeal before the appropriate authority within a period of one month from today. 5. Until the appeal is filed before the appropriate authority within the time stipulated, the respondents shall not take any precipitative action against the construction put up by the petitioners. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 33