- 1 - HC-KAR NC: 2025:KHC:37521 WP No. 27045 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27045 OF 2025 (LB-BMP) BETWEEN: 1. MR. YOGANANDA S/O JAVAREGOWDA, AGED ABOUT 51 YEARS RESIDING AT NO.21, SHANTI KUTEERA, 2ND CROSS, NEAR ARMUGAM TEMPLE, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARINAGAR, BENGALURU-560098. 2. MRS. BINDURANI G W/O YOGANANDA AGED ABOUT 42 YEARS RESIDING AT NO.21, SHANTI KUTEERA, 2ND CROSS, NEAR ARMUGAM TEMPLE, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARINAGAR, BENGALURU-560098. …PETITIONERS (BY SRI. VIJAY B.K..,ADVOCATE) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE HAVING ITS HEAD OFFICE AT N.R.SQUARE, BENGALURU-560002 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37521 WP No. 27045 of 2025 REPRESENTED BY ITS CIMMISSIONER …RESPONDENT (BY SRI.PAWAN KUMAR.,ADVOCATE;) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER NO.ZC/PRN/PO/502/25-26 DATED 25.07.2025 ISSUED BY THE RESPONDENT VIDE ANNEXURE H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Aggrieved by the Orders passed under Sections 248(3) and 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') the petitioners have preferred this writ petition. 2. Admittedly, the petitioners are having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioners submits that there are no regular sittings of the - 3 - HC-KAR NC: 2025:KHC:37521 WP No. 27045 of 2025 Appellate Authority and hence, they were constrained to file the writ petition. 3. The learned counsel for the BBMP submits that the sitting of the Appellate Authority normally takes once in a week and on a seniority basis, the case of the petitioners will be considered. It is noticed that the Orders passed require demolition of the alleged deviations. 4. The case of the petitioners is that there is no such deviation and even if there are deviations, they can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioners are relegated to the Appellate Authority and accorded protection from demolishing their property till a suitable decision is taken by the Appellate Authority based on the merits of the case. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:37521 WP No. 27045 of 2025 ORDER i. The Writ Petition is hereby disposed of. ii. The petitioners are granted three weeks time from today to prefer an appeal before the Appellate Authority. iii. The respondent is directed not to precipitate the matter against the petitioners till the Appellate Authority takes a decision in respect of the property of the petitioners. iv. The petitioners are prohibited from putting up additional construction on the property. v. It is hereby made clear that no opinion has been expressed on merits and it is for the Appellate Authority to take appropriate decision in accordance with law without being influenced by any of the observations made hereinabove. - 5 - HC-KAR NC: 2025:KHC:37521 WP No. 27045 of 2025 vi. The respondent is given liberty to proceed in accordance with the impugned orders, if the petitioners fails to prefer an appeal within a period of three weeks from today. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 1