- 1 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20614 OF 2025 (LB-BMP) C/W WRIT PETITION NO. 9181 OF 2025 (LB-BMP) IN WP No. 20614/2025 BETWEEN: 1. H V VINAY KRISHNA, AGED ABOUT 35 YEARS, S/O LATE HV NANDAKUMAR, R/AT NO. 81, 4TH MAIN ROAD, BENGALURU 560 003. …PETITIONER (BY SMT. SAKSHI M KRISHNA.,ADVOCATE FOR SRI. R.SUBRAMANYA.,ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE, REP. BY ITS THE CHIEF COMMISSIONER, NR SQUARE, BANGALORE - 560 001. 2. JOINT DIRECTOR, TOWN PLANNING (WEST), BRUHAT BENGALURU MAHANAGARA PALIKE, NR SQUARE, BANGALORE - 560 001. 3. ASSISTANT DIRECTOR TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, MALLESWARAM SUB-DIVISION, 11TH CROSS, BANGALORE - 560 003. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 4. ZONAL COMMISSIONER (WEST), BRUHAT BENGALURU MAHANAGARA PALIKE, NR SQUARE, BANGALORE-560 001. …RESPONDENTS (BY SMT. RAMYA H N.,ADVOCATE FOR; SRI. B S KARTHIKEYAN.,ADVOCATE FOR R1 TO 4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 05.07.2025 PASSED BY RESPONDENT NO.2 BEARING NO. ADTP(W) DR-101/25-26 ANNEXURE-A AND ETC. IN WP NO. 9181/2025 BETWEEN: 1. PROFESSOR DR DHIRENDRA V KUBAIR, S/O LATE PROFESSOR DR. V.G. KUBAIR, AGED ABOUT 53 YEARS, 81/1 "PROFESSOR V.G. KUBAIR'S APARTMENTS", 4TH MAIN ROAD, MALLESHWARAM, BENGALURU 560 003. CELLULAR PH: 8277644621 EMAIL DV.KUBAIR@GMAIL.COM 2. MRS BHAGYASHREE KUBAIR, W/O PROFESSOR DR.DHIRENDRA V KUBAIR, AGED ABOUT 48 YEARS, 81/1 "PROFESSOR V.G. KUBAIR'S APARTMENTS", 4TH MAIN ROAD, MALLESHWARAM, BENGALURU 560 003. CELLULAR PH 8277562621 EMAIL BAGI5576@GMAIL.COM ...PETITIONERS (BY SRI. DR. DHIRENDRA V KUBAIR.,PARTY IN PERSON) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), REPRESENTED BY ITS CHIEF COMMISSIONER, NO.1, N.R. SQUARE, RANI KITTOOR CHENNAMMA CIRCLE HUDSON CIRCLE, - 3 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 BENGALURU-560 002. 2. THE ZONAL COMMISSIONER WEST BBMP, SAMPIGE ROAD OPP. MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM BENGALURU-560 020. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING BBMP SAMPIGE ROAD OPP. MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM, BENGALURU-560 020. 4. THE ASSISTANT EXECUTIVE ENGINEER BBMP MALLESHWARAM SUB-DIVISION 11TH CROSS, EAST PARK ROAD, MALLESHWARAM, BENGALURU-560 003. 5. THE ASSISTANT EXECUTIVE ENGINEER BESCOM, C-2 SUB-DIVISION, BESCOM 13TH CROSS, MALLESHWARAM, BENGALURU-560003. 6. THE ASSISTANT EXECUTIVE ENGINEER BWSSB, NO. 1 NORTH EAST SUB-DIVISION, 18TH CROSS, MALLESHWARAM, BENGALURU-560003. 7. MR. VINAY KRISHNA H.V. S/O LATE H.V. NANDAKUMAR, AGED ABOUT 36 YEARS, NO.81, 4TH MAIN ROAD, MALLESHWARAM, BENGALURU 560 003 ...RESPONDENTS (BY SMT. RAMYA H N.,ADVOCATE FOR; SRI. B S KARTHIKEYAN.,ADVOCATE FOR R1 TO 4) SRI. B L SANJEEV.,ADVOCATE FOR R5, 6; SMT. SAKSHI M KRISHNA.,ADVOCATE FOR; SRI. SUBRAMANYA R.,ADVOCATE FOR R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE - 4 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 RESPONDENTS NOS. 1 TO 6 TO DISCONNECT THE BESCOM ELECTRICITY AND BWSSB WATER AND SEWERAGE CONNECTIONS IN COMPLIANCE OF THE SUPREME COURT JUDGMENT IN RAJENDRA KUMAR BARJATYA VS. UP EVAM VIKAS PARISHAD, DATED 17-12-2024 IN APPEAL (C) 14606/2024 ARISING OUT OF SLP(C) 36440/2014, DATED 17-12-2024 AND AS PER THE ANNEXURE-G ORDER OF RESPONDENT NO.1 DATED 09-01-2025, TO THE IMPUGNED ILLEGAL-CONSTRUCTION AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The writ petitions pertains to the construction of a building on property bearing No.81, P.I.D.No.7-3-81, situated on 4th Main Road, between 13th and 15th Cross, Malleswaram, Bangalore-560 003. 2. The case of the petitioners in W.P.No.9181/2025 is that the construction made on the property has been done illegally without obtaining the necessary permissions and the same is liable to be demolished. The case of the petitioner in W.P.No.20614/2025 is that the building has been constructed in accordance with law and whatever - 5 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 deviations are there can be regularized in accordance with law. In this regard, an appeal before the Chief Commissioner- Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') under Section 253 of the BBMP Act is pending (Appeal No.253/2024). The petitioners in W.P.No.9181/2025 have also made representations to the concerned authorities for disconnection of electricity and water supply. 3. Writ Petition No.20614/2025 is filed with the following prayers: "a) Issue appropriate Writ, Order quashing the Order dated 05.07.2025 passed by Respondent No.2 bearing No.ADTP(W)DR-101/25-26 (Annexure-A); b) Issue appropriate Writ, Or Issue an appropriate Writ, prohibiting the Respondents from taking coercive or forceful steps against the Schedule Property during the pendency of Statutory Appeal in Appeal No.253/2024; and /or c) Grant such other consequential reliefs as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case." - 6 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 4. Writ Petition No.9181/2025 is filed with the following prayers: "Issue a WRIT OF MANDAMUS or any other writ, DIRECTING the Respondents Nos.1 to 6 to disconnect the BESCOM electricity and BWSSB water & sewerage connections in compliance of the Supreme Court Judgment in RAJENDRA KUMAR BARJATYA VS. UPEVAM VIKAS PARISHAD, DATED 17-12-2024 IN APPEAL (C) 14606/2024 ARISING OUT OF SLP(C) 36440/2014, DATED: 17-12-2024 and as per the ANNEXURE-G order of Respondent No.1 DATED: 09-01-2025, to the impugned illegal- construction: 'NAGA REMINGTON', No.81, 4th MAIN ROAD MALLESHWARAM, BENGALURU 560003 BBMP WARD 65 (PID NO.7-3-81) SANCTION NO.BBMP/AD.COM/WST/1284/19-20 DATED: 06-05-2020 which, has been issued the ANNEXURE-F CONFIRMATORY ORDER NO.A.D.T.P(W)/CO/70/24-25 [£ÀA. ¸À.¤.£À.AiÉÆÃ.(¥À)/¹N/70/24-25] DATED:13-09- 2024, under 248(3) BBMP Act 2020 and does not possess the mandatorily required "OCCUPANCY CERTIFICATE" to avail the utilities. - 7 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 Grant such other relief/s as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity." 5. Admittedly, Appeal No.253/2024 is pending before the Chief Commissioner - BBMP and the aforementioned prayers of the petitioners can be considered either in the appeal and consequently, action can be initiated pursuant to the decision in the appeal. 6. The learned counsel for the BBMP submits that within a reasonable period, the appeal will be disposed of. 7. Further, this Court by order dated 10.07.2025, has passed the following interim Order in W.P.No.20614/2025: " Heard learned counsel for the petitioner. Learned counsel for the petitioner would bring to the notice of this Court that despite status quo order granted by the respondent No.1/appellate authority in an appeal filed by the petitioner under Section 253 of the Bruhath Bengaluru Mahanagara Palike Act, 2020, the - 8 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 respondent No.4/Zonal Commissioner contrary to the status quo order granted, have ordered to seal the premises and has ordered for disconnection of power supply. The action of respondent No.4 clearly violates the status quo order granted by the Chief Commissioner of BBMP/appellate authority. The action of respondent No.4 warrants deeper examination at the hands of this Court. Accordingly, pending consideration of the captioned petition, the respondent No.4 is directed to forthwith unlock the sealed premises belonging to the petitioner and handover the keys, if any, within three days from the date of receipt of a copy of this order. Sri. Pawan Kumar, learned counsel is directed to accept notice to respondent Nos.1 to 4. Petitioner's counsel to serve two sets of copies of the writ petition on the learned counsel." 8. Under the circumstances, I am of the opinion that the interest of justice would be made if the Chief Commissioner-BBMP is directed to dispose of the Appeal No.253/2024 expeditiously and the interim Order granted - 9 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 by this Court in W.P.No.20614/2025, dated 10.07.2025 is continued till a decision is taken by the Chief Commissioner - BBMP. 9. Hence, I proceed to pass the following: ORDER i. The Writ Petitions are hereby disposed of. ii. The Chief Commissioner-BBMP is directed to hear the petitioners in both W.P.Nos.20614/2025 and 9181/2025 and dispose of Appeal No.253/2024 within a period of three (03) months from today. iii. It is hereby made clear that this Court has not dealt with the merits of the case and the Chief Commissioner - BBMP is hereby directed to decide the Appeal No.253/2024 based on the materials placed before him without being influenced by any of the observations made herein above. - 10 - HC-KAR NC: 2025:KHC:31551 WP No. 20614 of 2025 C/W WP No. 9181 of 2025 iv. Liberty is reserved to the parties concerned to agitate their rights, if any, in respect of the property concerned subsequent to disposal of Appeal No.253/2024 if they are not satisfied by the said order. v. Parties shall appear before the Chief Commissioner - BBMP on 18.09.2025 without further notice. I.A.No.2/2025 is hereby rejected. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 47