Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39006 WP No. 29639 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.29639 OF 2025 (LB-BMP) BETWEEN:
1.
RAVINDER REDDY PATIL S/O RAI REDDY PATIL, AGED ABOUT 39 YEARS, R/A NO.6, 1ST FLOOR, TULASI NILAYA, TULASI THEATER ROAD, 2ND LEFT CROSS, MARATHAHALLI, BENGALURU 560037. …PETITIONER (BY SRI. ROHAN S., ADVOCATE) AND:
1.
THE CHIEF COMMISSIONER BBMP (NOW RENAMED AS GBA) HAVING OFFICE AT NR SQUARE, BANGALORE-560001.
2.
THE ZONAL COMMISSIONER, MAHADEVPURA ZONE, BBMP (NOW RENAMED AS GBA), HAVING OFFICE AT RHB COLONY, WHITEFIELD MAIN ROAD, BANGALORE - 560048.
3.
THE ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB-DIVISION, BBMP (NOW RENAMED AS GBA) BANGALORE - 560048.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39006 WP No. 29639 of 2025
4.
THE BANGALORE ELECTRIC SUPPLY COMPANY LTD, (A STATE OWNED COMPANY, REGISTERED UNDER THE COMPANIES ACT, 1956) HAVING OFFICE AT KR CIRCLE, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, BANGALORE-560001 REPRESENTED BY IT'S MANAGING DIRECTOR.
5.
THE ASSISTANT EXECUTIVE ENGINEER, 4TH WEST SUB DIVISION, BESCOM, WHITEFIELD, BANGALORE-560066. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R1 TO R3;
SMT. ANUSHA PRASAD, ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY WRIT OF LIKE NATURE TO QUASH THE CONFIRMATION ORDER DATED 15-05-2025 BEARING NO. BBMP/AEE/WSD/P.R.NO.78/2024-25 PASSED BY THE ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB DIVISION, BBMP, BENGALURU/RESPONDENT NO.3 UNDER SECTION 248(3) OF THE BBMP ACT, 2020 VIDE ANNEXURE A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER
1. The petitioner has challenged the order passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act').
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HC-KAR NC: 2025:KHC:39006 WP No. 29639 of 2025
2. The learned counsel for the respondents submit that the petitioner is having an alternative and efficacious remedy under Section 253 of the Act and prays for dismissal of the writ petition.
3. The learned counsel for the petitioner fairly submits that the petitioner would prefer an appeal, but prays for some interim protection as there are no regular sittings of the Appellate Authority and there is a threat of demolition / disconnection of electricity supply. It is specifically contended that the petitioner has not violated the sanction plan / building bye-laws and even if there is any violation, the same can be regularized in accordance with law and the impugned order is passed without application of mind.
4. Based on the above mentioned submission, the following order is passed:
ORDER i. The Writ Petition is hereby disposed of;
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HC-KAR NC: 2025:KHC:39006 WP No. 29639 of 2025
ii. The petitioner is granted three weeks' time from today to prefer an appeal before the Appellate Authority; iii. Respondent-BBMP is
directed not to precipitate the matter against the petitioner till the Appellate Authority takes a decision in respect of the property of the petitioner, provided the petitioner prefers an appeal within three weeks; iv. The petitioner is prohibited from putting up additional construction on the property; v. Respondent No.5 shall restore power supply to the building of the petitioner on temporary basis subject to payment of all the required fee; vi. It is hereby made clear that no opinion has been expressed on merits of the case and it is for the Appellate Authority to take appropriate decision in accordance with law
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HC-KAR NC: 2025:KHC:39006 WP No. 29639 of 2025
without being influenced by any of the observations made hereinabove; vii. Pending I.As., if any, stand disposed of.
Sd/- (M.I.ARUN) JUDGE
hkh.
List No.: 3 Sl No.: 3