- 1 - HC-KAR NC: 2025:KHC:37306 WP No. 28312 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28312 OF 2025 (LB-BMP) BETWEEN: 1. SMT. P VIJAYALAKSHMI AGED ABOUT 61 YEARS, W/O MR. N. MUNIKRISHNA, D/O SRI P PAPAIAH, R/AT NO.10, SHAMANNA STREET, 23RD MAIN ROAD, J P NAGAR, 5TH PHASE, BENGALURU-560 078. …PETITIONER (BY SRI. LOKESH R., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE HUDSON CIRCLE, N R ROAD, BENGALURU-560 002 REPTD. BY ITS COMMISSIONER. 2. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI ZONE, H S R LAYOUT VI SECTOR, BENGALURU-560 102. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, BEGUR ROAD, BOMMANAHALLI, BENGALURU-560 102. …RESPONDENTS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37306 WP No. 28312 of 2025 (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO.BBMP/ZC/BZ/CO/6/1/ 2025-26 DATED 04.06.2025 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-L POSTED ON 01.09.2025 AND RECEIVED BY THE PETITIONER ON 04.09.2025, 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 Aggrieved by the Order passed under Sections 248(3) and 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') the petitioner has preferred this writ petition. - 3 - HC-KAR NC: 2025:KHC:37306 WP No. 28312 of 2025 2. Admittedly, the petitioner is having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioner submits that there are no regular sittings of the Appellate Authority and hence, petitioner was constrained to file the writ petition. 3. The learned counsel for the BBMP submits that the sitting of the Appellate Authority normally takes once in a week and on a seniority basis, the case of the petitioner will be considered. It is noticed that the impugned order contemplates demolition of the alleged deviations. 4. The case of the petitioner is that there is no such deviation and even if there are any deviation existing, it can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolition of her property till a - 4 - HC-KAR NC: 2025:KHC:37306 WP No. 28312 of 2025 suitable decision is taken by the Appellate Authority based on the merits of the case. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioner is granted three weeks time from today to prefer an appeal before the Appellate Authority. iii. The respondents are directed not to precipitate the matter against the petitioner till the Appellate Authority takes a decision in respect of the property of the petitioner, provided petitioner prefer an appeal within three weeks. iv. The petitioner is prohibited from putting up additional construction on the property. v. It is hereby made clear that no opinion has been expressed on merits of the case and it is for the Appellate Authority to take - 5 - HC-KAR NC: 2025:KHC:37306 WP No. 28312 of 2025 appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. vi. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 17