- 1 - HC-KAR NC: 2025:KHC:31421 WP No. 23900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23900 OF 2025 (LB-BMP) BETWEEN: MR. P. AMJAD KHAN, AGED ABOUT 32 YEARS, SON OF MR. P. NAZEER KHAN, RESIDING AT NO.3, 2ND CROSS, 24TH MAIN, HAMILTON BAILEY HOSPITAL, BANGALORE - 560 102. …PETITIONER (BY SRI. GIRIDHAR S.V., ADVOCATE) AND: 1. ZONAL COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE (B.B.M.P), N.R SQUARE, BANGALORE - 560 002. 2. ASSISTANT DIRECTOR URBAN PLANNING (BOMMANAHALLI), ZONAL OFFICE, BEGUR ROAD, BOMMANAHALLI, BANGALORE - 560 068. 3. CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE AT BANGALORE NR SQUARE BENGALURU - 560 002 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31421 WP No. 23900 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO CALL FOR THE RECORDS IN RELATION TO THE PROCEEDINGS IN APPEAL NO. 319/2024 IS PENDING DISPOSAL BEFORE THE RESPONDENT NO.3 CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE AT BANGALORE AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Proceedings have been initiated against the petitioner for putting up a construction in violation of building by-laws and also the sanctioned plan. 2. The petitioner has preferred an appeal under Section 253 of the Bruhat Bengaluru Mahanagara Palike Act, 2020, (for short, 'the BBMP Act') before respondent No. 3 and the same is pending. However, in the meanwhile a demolition notice has been issued against the petitioner. Aggrieved by the same, the present writ petition is filed. 3. The case of the petitioner is that, he has not violated any sanctioned plan or building by-laws while putting up the construction and even if there are any deviations, the - 3 - HC-KAR NC: 2025:KHC:31421 WP No. 23900 of 2025 same can be regularized. He further submits that, due to paucity of time respondent No. 3 is not in a position to take up the appeal and if an interim protection is not granted in his favour, the appeal itself will become infructuous. 4. Learned counsel for the respondents upon instruction submits that the construction put up by the petitioner is in violation of the law. However, he is not in a position to dispute the fact that petitioner has filed an appeal before respondent No. 3 and the same is pending consideration and due to paucity of time, respondent No.3 has not been able to hear the matter. 5. Under the given peculiar facts and circumstances of the case, taking into consideration the balance of convenience, I deem it appropriate to pass the following: ORDER 1. Writ petition is disposed of. 2. Respondents shall not precipitate the matter against the petitioner till disposal of Appeal No.319 of 2024, - 4 - HC-KAR NC: 2025:KHC:31421 WP No. 23900 of 2025 pending on the file of respondent No. 3 in respect of the property which is the subject matter of the writ petition. 3. Petitioner shall not put a further construction on the property till the appeal is disposed by respondent No.3. 4. It is hereby made clear that no opinion has been expressed on the merits of the case and respondent No. 3 shall decide the appeal pending before it, without being influenced by the observations made hereinabove and based solely on the merits of the case. Sd/- (M.I.ARUN) JUDGE SPV CT:VS List No.: 2 Sl No.: 10