SRI. RAVINDER REDDY PATIL v. THE CHIEF COMMISSIONER
WP/34350/2025 · 2025-11-14
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78770 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78770 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46688 WP No. 34350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34350 OF 2025 (LB-BMP) BETWEEN:
1.
SRI. RAVINDER REDDY PATIL S/O SRI LATE RAI REDDY PATIL, AGED ABOUT 40 YEARS, R/AT NO.6, 1ST FLOOR, TULASI NILAYA, 2ND LEFT CROSS, MARATHAHALLI BENGALURU - 560 037 … PETITIONER (BY SRI. KARTHIK V., ADVOCATE) AND:
1.
THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE J C ROAD BENGALURU - 560 001.
2.
THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE EAST SUB-DIVISION, NO.4, WHITEFIELD, BENGALURU - 560 036.
3.
ASSISTANT EXECUTIVE ENGINEER (ELEC) O AND M, 4TH EAST SUB-DIVISION, BESCOM, WHITEFIELD, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46688 WP No. 34350 of 2025 HOPE FARM, BENGALURU - 560 060 … RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 & R2;
SMT. ANUSHA PRASAD, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPEAL AND THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER ON 18.10.2025, COPIES OF WHICH ARE PRODUCED AT ANNEXURES-D AND E RESPECTIVELY AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Sri Pawan Kumar, learned counsel accepts notice of respondent Nos.1 and 2. Ms.Anusha Prasad, learned counsel accepts notice for respondent No.3.
2. The only contention raised by the petitioner is that, as against the orders of respondent Bruhat Bengaluru Mahanagara Palike (BBMP) recording a finding that there is violation in the building plan of the petitioner, the petitioner has filed an appeal before the Chief
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HC-KAR NC: 2025:KHC:46688 WP No. 34350 of 2025 Commissioner and along with the appeal has filed an interlocutory application for stay of the order passed under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 ['BBMP Act'] by the BBMP Authority.
3. It is submitted that the application for stay has not been considered and as a result of which, the respondent No.3 has proceeded to disconnect the power supply.
4. It is further submitted that, once an appeal is filed, the Chief Commissioner ought to have passed order on the application under Section 253 of the BBMP Act for stay within a reasonable time and non-passing of such
order has seriously prejudiced the petitioner.
5. It is also submitted that the appeal was filed on 18.10.2025 and till date, the interlocutory application filed under Section 253 of the BBMP Act is not considered.
6. It must be noticed that, when orders passed under Section 248 have been challenged before the
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HC-KAR NC: 2025:KHC:46688 WP No. 34350 of 2025 Appellate Authority and an application has been filed under Section 253 seeking stay of the orders passed under Section 248, it is a legitimate expectation of the petitioner/appellant that orders be passed on the said applications expeditiously.
7. Taking note that the appeal was filed on 18.10.2025 and till date, the appeal has not been taken on board nor interlocutory application filed under Section 253 has been considered. In light of the above, the present petition itself could be disposed of as follows:- (i) The orders of respondent BBMP by way of temporary
order dated 13.03.2025 and confirmation order dated 15.05.2025 passed by the respondent BBMP would stand stayed till the interlocutory application filed by the petitioner under Section 253 of the BBMP Act is taken up for consideration and orders passed.
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HC-KAR NC: 2025:KHC:46688 WP No. 34350 of 2025 (ii) Taking note of the subsequent events of disconnection of power supply pursuant to the
order passed under Section 248 of the BBMP Act, which the petitioner submits is a subsequent event, it would meet the ends of justice by directing respondent No.3 to restore the power supply, as the disconnection of power supply was only consequent upon the orders passed under Section 248 by the respondent BBMP. (iii) All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR