- 1 - HC-KAR NC: 2025:KHC:33817 WP No. 25054 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25054 OF 2025 (LB-BMP) BETWEEN: S RAGHUNATH RAO, S/O N SUBRAMANI RAO AGED ABOUT 42 YEARS R/A: NO.58, PID NO.87-27-58, KACHARAKANHALLI VILLAGE, KSFC LAYOUT, LINGRAJAPURAM WARD NO.49, BANGALORE - 560 084 …PETITIONER (BY SRI. SATHIES KUMAR .S., ADVOCATE (P/H)) AND: 1. THE CHIEF COMMISSIONER BRUHAT BANGALURU MAHANAGARA PALIKE, N.R SQUARE, HUDSON CIRCLE, BENGALURU - 560 001. 2. THE ZONAL COMMISSIONER, BRUHAT BANGALURU MAHANAGARA PALIKE, EAST ZONE, 22ND FLOOR, SHUBAS CHANDRA BOSE BUILDING, M.G. ROAD, BANGALORE - 560 001 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING EAST ZONE, 22ND FLOOR, SHUBAS CHANDRA BOSE BUILDING, M.G. ROAD, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33817 WP No. 25054 of 2025 BANGALORE - 560 001 …RESPONDENTS (BY SRI. VIBHAV MALIMATH, ADVOCATE FOR R1 & 2 (P/H)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY WRIT OF LIKE NATURE TO QUASH THE PROVISIONAL ORDER DATED 02.07.2024 BEARING NO. ADTP(EAST)/PO/34/24-25 PASSED BY THE ASSISTANT DIRECTOR OF TOWN PLANNING/RESPONDENT NO.3 UNDER SECTION 248(1) OF THE BBMP ACT, 2020 VIDE ANNEXURE A AND ALL FURTHER PROCEEDINGS THEREOF AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the orders passed under Section 248(1) and Section 356 (1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act'). 2. The learned counsel for the respondents submits that petitioner is having an alternative and efficacious remedy under Section 253 of the Act and prays for dismissal of the writ petition. - 3 - HC-KAR NC: 2025:KHC:33817 WP No. 25054 of 2025 3. The learned counsel for the petitioner fairly submits that he would prefer an appeal, but prays for some interim protection as there are no regular sittings of the Appellate Authority and there is a threat of demolition. It is specifically contended that petitioner has not violated the sanction plan / building bye-laws and even if there is any violation, the same can be regularized in accordance with law and the impugned orders are passed without application of mind. 4. Based on the above mentioned submission, the following order is passed:- ORDER i. The writ petition is hereby disposed of reserving the liberty to the petitioner to file an appeal under Section 253 of the Act. The said appeal shall be filed within a period of four weeks from today. ii. Respondents shall not precipitate the matter against the petitioner till a decision is taken in the appeal to be filed by the petitioner provided petitioner files the said appeal within a period of four weeks. - 4 - HC-KAR NC: 2025:KHC:33817 WP No. 25054 of 2025 iii. It is hereby clarified that no opinion has been expressed on the merits of the case and it is for respondent No.1 to decide the matter in accordance with law. iv. Petitioner shall not put up any additional construction till a decision is taken by the appellate authority. Sd/- (M.I.ARUN) JUDGE BH CT:VS List No.: 1 Sl No.: 3