- 1 - HC-KAR NC: 2025:KHC:37605 WP No. 25423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25423 OF 2025 (LB-BMP) BETWEEN: 1. SRI. SUNIL CHANDNANI AGED ABOUT 49 YEARS S/O ASHOK CHANDNANI PERMANENTLY R/AT NO.60-5-2A GADDENARASAIAH STREET SIDDHARTHANAGAR, VIJAYAWADA ANDHRA PRADESH-520 008. …PETITIONER (BY SRI. AKASH V T., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU BANGALORE-560 002. 2. ZONAL COMMISSIONER MAHADEVAPURA ZONE BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560 066. 3. ASSISTANT EXECUTIVE ENGINEER WHITEFILED SUB DIVISION MAHADEVAPURA ZONE BRUHAT BANGALORE MAHANAGARA PALIKE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37605 WP No. 25423 of 2025 BANGALORE-560 066. 4. M/S BENGALURU ELECTRICITY SUPPLY CO., LTD., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR SHESHADRI ROAD, K.R. CIRCLE BENGALURU-560 001. 5. THE ASSISTANT EXECUTIVE ENGINEER EAST- 12 SUB DIVISION B.E.S.C.O.M, BENGALURU-560 048. …RESPONDENTS (BY SRI.PRAVEEN KUMAR RAIKOTE, ADVOCATE FOR R1 TO R3; SRI.G.NARASIREDDY, ADVOCATE FOR R4 & R5) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY QUASHING THE PROVISIONAL ORDER DATED 10.01.2025 UNDER SECTION 248 (1) OF B.B.M.P. ACT, 2020 BEARING NO.ZC(MZ)/Z-83/97/P.O./73/2024-25 PASSED BY RESPONDENT NO.2 AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37605 WP No. 25423 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Orders under Sections 248(1), 248(2) and 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 Act (for short 'BBMP Act') have been passed directing the petitioner to demolish the alleged illegal construction. Aggrieved by the same, the petitioner has preferred an appeal before respondent No.1 - Chief Commissioner, BBMP under Section 253 of the BBMP Act and Appeal No.228/2025, is pending. However, on the ground that the appeal has not been taken up for hearing, and there are no regular sittings and on the ground that the remedy is not efficacious, the present writ petition is filed with the following prayers:- "A. Issue a writ of Certiorari or any other appropriate writ, order or direction by quashing the Provisional Order dated:-10/01/2025 under section 248 (1) of B.B.M.P Act, 2020 bearing no.ZC(MZ)/Z- 83/97/P.O/73/2024-25 passed by Respondent No.2 at ANNEXURE A. - 4 - HC-KAR NC: 2025:KHC:37605 WP No. 25423 of 2025 B. Issue a writ of Certiorari or any other appropriate writ, order or direction by quashing the Provisional Order dated:-10/01/2025 under section 248 (2) of B.B.M.P Act, 2020 bearing по.ZC(MZ)/Z- 83/97/P.O/73/2024-25 passed by Respondent No.2 at ANNEXURE B. D. Issue a writ of Certiorari or any other appropriate writ, order or direction by quashing the Confirmation order dated:-15/05/2025, bearing no.B.B.M.Ρ/Α.Ε.Ε/ W S D/73/2025-26 73/2024-25 under Section 248(3) of the B.B.M.P ACT, 2020 passed by Respondent No.3 at ANNEXURE C. E. Issue a writ of Certiorari or any other appropriate writ, order or direction by quashing the notice dated:-30/7/2025, bearing no.Α.Ε.Ε (Ε)/Α.Ε(P)/ E-12/25-26/845-849 issued by Respondent No.5 at ANNEXURE D. F. Issue a writ of Mandamus or any other appropriate writ, order or direction by directing the Respondent No.5 to restore the electricity supply bearing R.R No:-E12TPE2723 in respect to Schedule Property of the Petitioner. G. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case." - 5 - HC-KAR NC: 2025:KHC:37605 WP No. 25423 of 2025 2. The learned counsel for respondent Nos.1 to 3 - BBMP upon instructions, submits that the appeal filed by the petitioner will be considered in due course. 3. However, taking into consideration that the building which is sought to be demolished is habitated and it was having the necessary electricity connection, I am of the opinion it would be appropriate to direct the respondents not to precipitate the matter against the petitioner and to restore the electricity till an appropriate decision is taken by respondent No.1 in the appeal said to have been filed by the petitioner. 4. Hence the following:- ORDER i. Respondent No.1 is directed to dispose of the appeal filed by the petitioner as expeditiously as possible. ii. Till appropriate orders are passed in the appeal, respondent Nos.1 to 3 shall not precipitate the matter against the petitioner. - 6 - HC-KAR NC: 2025:KHC:37605 WP No. 25423 of 2025 iii. Respondent No.5 shall restore power supply to the building of the petitioner subject to payment of all necessary charges and the said restoration of electricity will also be subject to the result of a decision that would be taken by respondent No.1 in the appeal said to have been filed by the petitioner. iv. It is hereby clarified that no opinion has been expressed on the merits of the case and respondent No.1 shall decide the appeal of the petitioner based on the materials produced. v. Accordingly, the writ petition is disposed of. vi. In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 12