- 1 - HC-KAR NC: 2025:KHC:33814 WP No. 26244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.26244 OF 2025 (LB-BMP) BETWEEN: 1. SRI E S VENKATAKRISHNAN AGED ABOUT 66 YEARS, S/O LATE SRI E K SANKARANARAYANAN, 2. SMT. SEETHALAKSHMI R AGED ABOUT 59 YEARS, W/O SRI E S VENKATAKRISHNAN, BOTH ARE RESIDING AT NO.14, SECOND CROSS, 8TH MAIN, SAPTHAGIRI LAYOUT, BANGALORE-560 085. …PETITIONERS (BY SRI. VIKRAM G., ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560 002 REPRESENTED BY ITS ZONAL COMMISSIONER. 2. ZONAL COMMISSIONER RAJARAJESHWARINAGAR ZONE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33814 WP No. 26244 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE, 18TH CROSS ROAD, IDEAL HOMES, RAJARAJESHWARINAGAR, BENGALURU-560 098. 3. ASSISTANT EXECUTIVE ENGINEER RAJARAJESHWARINAGAR ZONE, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BENGALURU-560 098. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL ORDER DATED 07.07.2025 BEARING REF.NO.VA.AA/RARANAVA/P.O./297/2025-26 ISSUED BY RESPONDENT NO.2 AT ANNEXURE-A, UNDER SECTIONS 248(1) OF THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2021, 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 - 3 - HC-KAR NC: 2025:KHC:33814 WP No. 26244 of 2025 ORAL ORDER Aggrieved by the orders passed by respondent No.2 under Sections 248(1), 248(2) and 248(3), read with Section 356(1) of the Bruhat Bengaluru Mahanagara Palike Act (for short 'BBMP Act'), the petitioners have preferred this writ petition. 2. Admittedly, the petitioners are having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioners submits that there are no regular sittings of the Appellate Authority and hence, they were constrained to file the writ petition. 3. The learned counsel for the BBMP submits that the sitting of the Appellate Authority normally takes once in a week and on a seniority basis, the case of the petitioners will be considered. It is noticed that the orders passed require demolition of the alleged deviations. - 4 - HC-KAR NC: 2025:KHC:33814 WP No. 26244 of 2025 4. The case of the petitioners is that there is no such deviation and even if there are deviations, the same can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioners are relegated to the Appellate Authority and accorded protection from demolition of their property till a suitable decision is taken by the Appellate Authority based on the merits of the case. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioners are granted three weeks' time from today to prefer an appeal before the Appellate Authority. iii. The respondents are directed not to precipitate the matter against the petitioners till the Appellate Authority takes - 5 - HC-KAR NC: 2025:KHC:33814 WP No. 26244 of 2025 a decision in respect of the property of the petitioners. iv. The petitioners are prohibited from putting up additional constructions on the property. v. It is hereby made clear that no opinion has been expressed on merits and it is for the Appellate Authority to take appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. vi. The respondents are given liberty to proceed in accordance with the impugned orders, if the petitioners fail to prefer an appeal within a period of three weeks from today. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 3 Sl No.: 1