SRI. TATIPARTHISRINANDHAREDDY v. THE CHIEF COMMISSIONER
WP/34351/2025 · 2025-11-14
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80763 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80763 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46689 WP No. 34351 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. 34351 OF 2025 (LB-BMP) BETWEEN:
1.
SRI. TATIPARTHISRINANDHAREDDY S/O BULLIREDDY, AGED ABOUT 36 YEARS, R/AT NO. 3-119, ALAVALPADU VILLAGE, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523 212 … 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), 4TH EAST SUB-DIVISION, BESCOM, WHITEFIELD, HOPE FARM, BENGALURU - 560 060 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46689 WP No. 34351 of 2025 … 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 DIRECT DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPEAL AND THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER ON 23.10.2025, THE 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 Commissioner and along with the appeal has filed an interlocutory application for stay of the order passed under
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HC-KAR NC: 2025:KHC:46689 WP No. 34351 of 2025 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 23.10.2025 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 Appellate Authority and an application has been filed under Section 253 seeking stay of the orders passed under
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HC-KAR NC: 2025:KHC:46689 WP No. 34351 of 2025 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 23.10.2025 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 order of respondent BBMP by way of confirmation order dated 01.07.2025 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. (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
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HC-KAR NC: 2025:KHC:46689 WP No. 34351 of 2025 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