- 1 - HC-KAR NC: 2025:KHC:34331 WP No. 26363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26363 OF 2025 (LB-BMP) BETWEEN: M/S. SRIRAM DISTRIBUTORS PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, REGISTERED OFFICE AT NO.12, 2ND FLOOR, VISHNU PLAZA RESERVOIR, KARIYAPPA ROAD, KANAKPURA ROAD, BASAVANAGUDI, BENGALURU - 560 004. REP BY ITS MANAGING DIRECTOR AND AUTHORISED SIGNATORY, SRI. RAVINDRA POOJARI, …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER N.R. SQUARE, BBMP, BANGALORE - 560 001. 2. THE ZONAL COMMISSIONER RAJRARAJESHWARI NAGAR ZONE, BBMP, BENGALURU - 560 098. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34331 WP No. 26363 of 2025 3. THE EXECUTIVE ENGINEER KENGERI SUB DIVISION, BBMP, BENGALURU - 560 098. 4. THE ASSISTANT EXECUTIVE ENGINEER KENGERI SUB DIVISION, BBMP, BENGALURU - 560 098. 5. THE ASSISTANT DIRECTOR TOWN PLANNING RAJARAJESHWARI NAGAR ZONE, 18TH CROSS, IDEAL HOME LAYOUT, RR NAGAR, BENGALURU - 560 098. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.07.2025 PASSED BY THE RESPONDENT NO.2/ZONAL COMMISSIONER, RAJARAJESHWARI NAGAR ZONE, BBMP BEARING NO. ZC/RRN/PO/473/25-26, UNDER SECTION 248(3) AND 356(1) OF THE BBMP ACT, 2020 ANNEXED HEREWITH AS ANNEXURE - A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:34331 WP No. 26363 of 2025 ORAL ORDER 1. The petitioner has challenged the order passed under Section 248(3) and 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act'). 2. The learned counsel for the respondents submits that 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 he 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. It is specifically contended that 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:- - 4 - HC-KAR NC: 2025:KHC:34331 WP No. 26363 of 2025 ORDER i. The writ petition is hereby disposed of reserving the liberty to the petitioner to file an appeal under Section 253 of the Act. The said appeal shall be filed within a period of three weeks from today. ii. Respondents shall not precipitate the matter against the petitioner till a decision is taken in the appeal to be filed by the petitioner provided the petitioner files the said appeal within the said period of three weeks. iii. It is hereby clarified that no opinion has been expressed on the merits of the case and it is for respondent No.1 to decide the matter in accordance with law. iv. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE GJM List No.: 1 Sl No.: 16