- 1 - HC-KAR NC: 2025:KHC:35160 WP No. 26728 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. 26728 OF 2025 (LB-BMP) BETWEEN: 1. SRI ANANTHARAMAIAH S/O MUNIVEERAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.369, KALESHWARA NILAYA, GARUDACHAR PALYA, MAHADEVAPURA POST, BENGALURU-560 048. 2. SMT.ANJANA RAVISHANKAR, W/O RAVISHANKAR .M. D/O M.ANANTHARAMAIAH, AGED ABOUT 42 YEARS, R/AT NO.43, 1ST MAIN ROAD, NEAR MAHESHWARI TEMPLE, MARENAHALLI, VIJAYANAGAR, BENGALURU-560 040. …PETITIONERS (BY SRI. P D SURANA.,ADVOCATE) AND: 1. THE ZONAL COMMISIONER (WEST) BRUHATH BENGALURU MAHANAGARA PALIKE, WEST RANGE, BBMP OFFICE, SAMPIGE ROAD, OPP MANTRI MALL, BENGALURU-560003 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35160 WP No. 26728 of 2025 2. THE CHIEF COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, N.R.SQUARE, BENGALURU-560 001. …RESPONDENTS (BY SRI.PAWAN KUMAR.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE OPERATION OF DEMOLITION ORDER DATED 27.06.2025 ISSUED UNDER THE PROVISIONS OF THE SECTION 248(3) AND SECTION 356(1) OF THE BRUHATH BENGALURU MAHANAGARA PALIKE ACT, BY THE 1ST RESPONDENT IN PROCEEDINGS NO.BBMP/VA.AA/PA.VA/PR/14/2025-26 PRODUCED AS ANNEXURES-C PENDING DISPOSAL OF THE APPLICATION FILED BY THE PETITIONERS FOR STAY OF THE SAID DEMOLITION ORDER IN APPEAL NO.185/2025 ON THE FILE OF THE 2ND RESPONDENT-CHIEF COMMISSIONER, BENGALURU, IN THE INTEREST OF JUSTICE. 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:35160 WP No. 26728 of 2025 ORAL ORDER The case of the petitioners is that they have put up construction in accordance with law. However, the Bruhath Bengaluru Mahanagara Palike (for short, 'the BBMP') initiated action against the petitioners. It has resulted in an appeal being filed by the petitioners before the Chief Commissioner under Section 253 of the Bruhath Bengaluru Mahanagara Palike Act (for short 'the BBMP Act') and the same is pending as Appeal No.185/2025. 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 prayer: "Wherefore, it is humbly prayed that this Hon'ble Court be pleased to quashing the operation of demolition order dated 27.06.2025 issued under the provisions of the Section 248(3) and Section 356(1) of the Bruhath Bengaluru Mahanagara Palike Act, by the 1st Respondent in proceedings No.BBMP/VA.AA/PA.VA/PR/14/2025-26 produced as Annexures-C pending disposal of the - 4 - HC-KAR NC: 2025:KHC:35160 WP No. 26728 of 2025 application filed by the Petitioners for stay of the said demolition order in Appeal No.185/2025 on the file of the 2nd Respondent-Chief Commissioner, Bengaluru, in the interest of justice." 2. Learned counsel for the respondents-BBMP, upon instructions, submits that the appeal filed by the petitioners will be disposed of as expeditiously as possible. 3. As the petitioners have 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 petitioners, 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. - 5 - HC-KAR NC: 2025:KHC:35160 WP No. 26728 of 2025 ii. Respondent No.2 - the Chief Commissioner is directed to dispose of Appeal No.185/2025 as expeditiously as possible and the respondents shall not take any coercive steps against the property of the petitioners till appropriate orders are passed in the appeal. iii. It is hereby made clear that no opinion is expressed on the merits of the case and respondent No.2 shall decide the appeal based on the materials placed on record. iv. The petitioners shall not put up any additional construction. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 30