- 1 - HC-KAR NC: 2025:KHC:31533 WP No. 23827 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. 23827 OF 2025 (LB-BMP) BETWEEN: 1. VINOD KUMAR N. S/O NARAYANASWAMY AGED ABOUT 43 YEARS 2. VARALAKSHMI M.V. W/O VINOD KUMAR N. AGED ABOUT 39 YEARS BOTH ARE R/AT: NO.28 ASTALAKSHMI LAYOUT KANE FIRST ROAD JP NAGAR 6TH PHASE BANGALORE-560 078. …PETITIONERS (BY SRI. SUBRAMANYA R., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS CHIEF COMMISSIONER N.R.SQUARE, BANGALORE-560 001. 2. ZONAL COMMISSIONER (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31533 WP No. 23827 of 2025 3. REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE JAYANAGARA DIVISION, BANGALORE 560 041. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER DATED 11.03.2025 PASSED BY RESPONDENT NO.2 BEARING NO. Va.Aa(Da)/Ta.Aa/Vi.R/104/2024-25 (ANNEXURE-A) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The impugned order/communication (Annexures-A and B to the writ petition) have been passed on the ground that petitioner has put up an illegal construction on property bearing No.30/1, (Old No.977), PID No.58-19-30/1, 23rd Main Road, 4th 'T' Block, Jayanagara, Bangalore and the property of the - 3 - HC-KAR NC: 2025:KHC:31533 WP No. 23827 of 2025 petitioner has been sealed. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that he has not put up any illegal construction and deviations if any, can be regularized in accordance with law and ignoring the same, the impugned order/communication have been passed. 3. Per contra, learned counsel for the respondents upon instructions submits that the impugned order/communication have been passed in accordance with law and prays for dismissal of the writ petition. He further submits that, there is a provision for appeal, which has not been exhausted by the petitioner and he has rushed to this Court and prays for dismissal of the writ petition on the ground that petitioner is having an alternative and efficacious remedy. 4. It is seen that petitioner is having an alternative and efficacious remedy under Section 253 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act, 2020). However taking into consideration that construction has been already put up, in my opinion, interest of justice would be - 4 - HC-KAR NC: 2025:KHC:31533 WP No. 23827 of 2025 met if the writ petition is dismissed by reserving the liberty to the petitioner to file an appeal and a further direction is issued to the respondent authorities to open the seal of the building and by restraining the petitioner not to put up further construction and not to claim any equities. Hence, the following: ORDER (i) The writ petition is hereby dismissed reserving the liberty to the petitioner to approach the appellate authority under Sections 253 of the BBMP Act, 2020 within a period of two weeks from today; (ii)Irrespective of the impugned order/communication, respondents shall open the seal of the building and shall not precipitate the matter against the petitioner till a decision is taken by the appellate authority. (iii) The petitioner shall not put up any additional construction on the property concerned. - 5 - HC-KAR NC: 2025:KHC:31533 WP No. 23827 of 2025 (iv) Respondent No.1 shall consider the appeal of the petitioner as expeditiously as possible. (v) If petitioner fails to file an appeal within a period of two weeks, then in that event, respondents are at liberty to proceed against the petitioner in the manner known to law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 93