- 1 - HC-KAR NC: 2025:KHC:35119 WP No. 26996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26996 OF 2025 (LB-BMP) BETWEEN: 1. SMT. SUSHMA SRINIVAS AGED ABOUT 47 YEARS W/O SRI. LOKESH GOWDA B. REP. BY HER G.P.A HOLDER SMT. RATHNAMMA M. AGED ABOUT 70 YEARS W/O SRI. M. SRINIVAS R/AT NO.8, 4TH CROSS 7TH BLOCK, JAYANAGAR BANGALORE-560 070. …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 SOUTH ZONE BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560 011. …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 04.02.2025 UNDER SECTION 248 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35119 WP No. 26996 of 2025 (1) OF B.B.M.P ACT, 2020 BEARING NO.Zo.Co(So)/ Ta.Ah/ PO/83/2024-25 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: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that she has put up construction in accordance with law. However, the respondents-Bruhath Bengaluru Mahanagara Palike (for short, 'the BBMP') have initiated action against the petitioner. It has resulted in an appeal being filed by the petitioner before the Chief Commissioner under Section 253 of the Bruhath Bengaluru Mahanagara Palike Act, 2020 (for short 'the BBMP Act') and the same is pending as Appeal No.180/2025. However, on the ground that there are no regular sittings and the matter is not taken up for hearing and there is a threat of demolition, 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: - 04.02.2025 under Section 248(1) of - 3 - HC-KAR NC: 2025:KHC:35119 WP No. 26996 of 2025 B.B.M.P. Act, 2020 bearing no.Zo.Co(So)/ Ta.Ah/PO/83/2024-25 passed by Respondent No.2 at ANNEXURE-A. B. Issue a writ of Certiorari or any other appropriate writ, order or direction by quashing the Provisional Order dated: - 04.02.2025 under section 248(2) of B.B.M.P. Act, 2020 bearing No.Zo.Co(So)/ PO/83/2024-25 passed by Respondent No.2 at ANNEXURE-B. C. Issue a writ of Certiorari or any other appropriate writ, order or direction by quashing the Confirmation order dated: - 02.07.2025, bearing no.Zo.Co(So)/ Sa.Ah/ Va.Ar/ 23/2025-26 under Section 248(3) along with 356(1) of the B.B.M.P. ACT, 2020 passed by Respondent No.2 at ANNEXURE-C. D. Alternatively, Direct the Respondents not to give effect to the order dated: - 02.07.2025, bearing no. Zo.Co(So)/ Sa.Ah/Va.Ar/23/2025-26 under Section 248(3) along with 356(1) of the B.B.M.P. ACT, 2020 passed by Respondent No.2 pending disposal of the Appeal vide Annexures-C & J before Respondent No.1 in Appeal No.180/2025. E. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case." - 4 - HC-KAR NC: 2025:KHC:35119 WP No. 26996 of 2025 2. Learned counsel for the respondents-BBMP, upon instructions, submits that the appeal filed by the petitioner will be disposed of as expeditiously as possible. 3. As the petitioner has filed an appeal and no orders have been passed in the same, under the given facts and circumstances of the case, this Court is of the opinion that the interest of justice would be met, if the BBMP is directed not to take any coercive steps against the petitioner, till disposal of the appeal or any suitable order is passed in the said appeal. 4. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of; ii. Respondent No.1-the Chief Commissioner is directed to dispose of Appeal No.180/2025 as expeditiously as possible and the respondents shall not take any coercive steps against the property of the petitioner till appropriate orders are passed in the appeal; - 5 - HC-KAR NC: 2025:KHC:35119 WP No. 26996 of 2025 iii. It is hereby made clear that no opinion is expressed on the merits of the case and respondent No.1 shall decide the appeal based on the materials placed on record; iv. The petitioner shall not put up any additional construction on the property concerned. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 34