- 1 - HC-KAR NC: 2025:KHC:37522 WP No. 28334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28334 OF 2025 (LB-BMP) BETWEEN: 1. SRI H R MARIDYAVE GOWDA AGED ABOUT 87 YEARS, S/O LATE SHRI RAME GOWDA, R/O NO.690, 8TH CROSS, 7TH MAIN, H.A.L. 2ND STAGE, BENGALURU - 560008 …PETITIONER (BY SMT.NIREEKSHANA K.E.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BANGALURU MAHANAGARA PALIKE, N.R.SQUARE, HUDSON CIRCLE, BENGALURU - 560001. 2. THE ZONAL COMMISSIONER EAST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, NETAJI SUBASHCHANDRA BOSE BUILDING, M.G.ROAD, BENGALURU - 560001. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, NETAJI SUBASHCHANDRA BOSE BUILDING M.G.ROAD, BENGALURU - 560001. 4. THE ASSISTANT DIRECTOR OF TOWN PLANNING Digitally signed by CHAITHANYA K Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37522 WP No. 28334 of 2025 EAST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, NETAJI SUBASHCHANDRA BOSE BUILDING M.G.ROAD, BENGALURU - 560001. …RESPONDENTS (BY SRI.PAWAN KUMAR.,ADVOCATE FOR R1 TO R4;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE CONFIRMATION ORDER DATED 12.08.2025 BEARING NO.ZC(E)/C.O/3/2025/25 PASSED BY THE ZONAL COMMISSIONER, EAST ZONE, BANGALORE/RESPONDENT NO.2 UNDER SECTION 248(3) OF THE BBMP ACT, 2020 VIDE ANNEXURE A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER On the ground that the petitioner is putting up an illegal construction, orders have been passed by the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP') directing the petitioner to demolish the illegal construction. On the ground that the petitioner has not put up any illegal construction and the deviations, if any, can be regularized, the petitioner has - 3 - HC-KAR NC: 2025:KHC:37522 WP No. 28334 of 2025 filed an appeal before respondent No.1 under Section 253 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the BBMP Act') and Appeal No.222/2025, which is pending. However, it is submitted that the said appeal is not taken up for hearing. It is submitted that there are no regular sittings by respondent No.1 to consider the appeal filed under Section 253 of the BBMP Act. It is submitted that though there is an alternative remedy, it is not efficacious. Hence, the present writ petition is filed with the following prayers: "i. Issue a Writ of Certiorari or any writ of like nature to quash the confirmation order dated 12.08.2025 bearing No.No.ZC(E)/C.O/33/2025-26 passed by the Zonal Commissioner, East Zone, Bangalore/Respondent No.2 under section 248(3) of the BBMP Act, 2020 vide Annexure A ii. Pass any such other Orders as this Hon'ble Court Deems fit under the facts and circumstances of the case." 2. Learned counsel for the respondents-BBMP, upon instructions, submits that the appeal filed by the petitioner will be disposed of as expeditiously as possible.. - 4 - HC-KAR NC: 2025:KHC:37522 WP No. 28334 of 2025 3. Under the circumstances, this Court deems it fit to direct respondent No.1 to dispose of Appeal No.222/2025 filed under Section 253 of the BBMP Act as expeditiously as possible. Until a decision is taken in the said appeal, no precipitative action shall be taken against the petitioner by the respondents. It is hereby made clear that no opinion is expressed on the merits of the case and respondent No.1 shall decide the appeal based on the materials placed on record. Further, the petitioner is also hereby restrained from putting up additional construction on the property concerned. 4. The Writ Petition accordingly stands disposed of. 5. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 5