M/S SRI SAI SAPPHIRE RESIDENTS AND WELFARE ASSOCIATION v. CHIEF COMMISSIONER
WP/16851/2025 · 2025-08-06
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75622 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75622 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30582 WP No. 16851 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.16851 OF 2025 (LB-BMP)
BETWEEN:
1.
M/S. SRI SAI SAPPHIRE RESIDENTS AND WELFARE ASSOCIATION AT 7TH CROSS LEFT, ALFA GARDENS, KODIGEHALLI MAIN ROAD, AYYAPPANAGAR, K.R. PURAM, BENGALORE-560 036 REPRESENTED BY ITS PRESIDENT KAMESH VADLAMANI N.S.S.S S/O LATE SRI. V.S.K KAMESHWARA RAO. …PETITIONER
(BY SRI VINOD REDDY, ADVOCATE FOR SRI. SHIVAGONDAPPA S., ADVOCATE)
AND:
1.
CHIEF COMMISSIONER BBMP., N.R. SQUARE BENGALORE-560 002.
2.
ZONAL COMMISSIONER, HOODI SUB-DIVISION, BBMP, BENGALORE-560 048.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30582 WP No. 16851 of 2025
3.
ASSISTANT EXECUTIVE ENGINEER HOODI SUB DIVISION, BBMP, BENGALORE-560 048.
4.
EXECUTIVE ENGINEER, HOODI SUB DIVISION, BBMP, BENGALORE-560 048.
5.
POLICE INSPECTOR K.R. PURA POLICE STATION, BENGALORE-560 036.
6. BESCOM E-7, K.R. PURA SUB-DIVISION, BESCOM DURAVANINAGAR, BENGALORE-560 036, ALSO AT K.R. CIRCLE, BENGALURU-560 001, REPRESENTED BY ITS MANAGING DIRECTOR.
7.
BENGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB), CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560 009, REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS
(BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R.1 TO R.4;
SMT. SPOORTHI V., HCGP FOR R.5;
SMT. G.K. BHAVANA, ADVOCATE FOR R.6;
SRI K.B. MONESH KUMAR, ADVOCATE FOR R.7.)
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HC-KAR NC: 2025:KHC:30582 WP No. 16851 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER/NOTICE DATED 23.02.2025 VIDE ORDER NO.BBMP/VA.A./MA.VA/1236/2024-25 AS PER ANNEXURE-D AND ORDER/NOTICE DATED 05.05.2025 AS PER ANNEXURE-E VIDE ORDER NO.EY.E.E(E)/EY.E(THA)/2024-25/203, 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
1. The petitioner in the instant writ petition has challenged the impugned order dated 23.02.2025 passed by the respondents (vide Annexure-D to the writ petition) under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 ('the BBMP Act' for short). It is seen that the petitioner is having an alternative and efficacious remedy against the said order under Section 253 of the BBMP Act. Hence, the writ petition cannot be entertained.
2. However, taking into consideration the averment of the petitioner that if some protection is not granted to him, the appeal itself may become infructuous, I deem it
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HC-KAR NC: 2025:KHC:30582 WP No. 16851 of 2025
appropriate to direct the respondents not to precipitate the matter against the petitioner for a period of three weeks from today.
3. Hence, the following:
ORDER
(i) The writ petition is dismissed reserving the liberty to the petitioner to approach the Appellate Authority in the manner known to law; (ii) Respondents shall not precipitate the matter against the petitioner for a period of three weeks from today; (iii) It is hereby clarified that no opinion is expressed on the merits of the case; (iv) The Appellate Authority shall decide the appeal, if any, filed by the petitioner solely based on the material produced before it.
Sd/- (M.I.ARUN) JUDGE
hkh. List No.: 2 Sl No.: 18