- 1 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18159 OF 2024 (LB-BMP) BETWEEN: 1. SMT. MUNIRATHNAMMA M. W/O MAYANNA AGED ABOUT 46 YEARS R/AT NO.39/50, ASHWATHAPPA COMPOUND 60 FEET ROAD, MALATHALLI BENGALURU-560 056. 2. PAVAN KUMAR M. S/O MAYANNA AGED ABOUT 27 YEARS R/AT NO.39/50, ASHWATHAPPA COMPOUND 60 FEET ROAD, MALATHALLI BENGALURU-560 056. 3. NITHIN KUMAR M. S/O MAYANNA AGED ABOUT 24 YEARS R/AT NO.39/50, ASHWATHAPPA COMPOUND 60 FEET ROAD, MALATHALLI BENGALURU-560 056. …PETITIONERS (BY SRI. D.R.RAVISHANKAR, SR.COUNSEL FOR SRI. SHIVAKUMAR N., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 AND: 1. STATE OF KARNATAKA BY THE COMMISSIONER BRUHUT BENGALURU MAHANAGARA PALIKE N.R.CIRCLE, BENGALURU-560 002. 2. THE JOINT COMMISSIONER BRUHUT BENGALURU MAHANAGARA PALIKE RAJARAJESHWARI NAGAR SUB DIVISION BENGALURU -560 098. 3. ASSISTANT DIRECTOR (CITY PLANING) BRUHUT BENGALURU MAHANAGARA PALIKE RAJARAJESHWARI NAGAR SUB DIVISION BENGALURU-560 098. 4. ASSISTANT EXECUTIVE ENGINEER BRUHUT BENGALURU MAHANAGARA PALIKE RAJARAJESHWARI NAGARA SUB DIVISION BENGALURU-560 098. …RESPONDENTS (BY SRI. KENCHEGOWDA H.K., AGA FOR R1; SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F2 THE ORDER OF CONFIRMATION DATED 06/05/2024 BEARING NO.AEE/RRNSD/CO/1/2024-25 PASSED BY RESPONDENT NO.4 AND ETC. - 3 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER On the ground that an illegal construction has been put up on the property which is the subject matter of the petition, a provisional order under Section 248(1) of Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act,') dated 16.03.2024 (vide Annexure-F to the writ petition) has been passed by respondent no.4 against one Mayanna. On the same day, a show cause notice under Section 248(2) of the BBMP Act has been issued by respondent no.4 to the said Mayanna (vide Annexure-F1 to the writ petition). Subsequently, an order of confirmation under Section 248(3) of BBMP Act has been passed on 06.05.2024 by respondent no.4 (vide Annexure-F2 to the writ petition). A final notice has been issued on 06.07.2024 again by respondent no.4 to Sri.Mayanna (vide Annexure-G to the writ petition). Aggrieved by the same, the present writ petition is filed. - 4 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 2. The case of the petitioners is that, petitioner no.1 is wife of the said Mayanna and petitioner nos.2 and 3 are sons of the said Mayanna. It is submitted that, presently they are the owners and khatedars of the property concerned and the said Mayanna has got nothing to do with the property and no notice has been issued to the petitioners herein. It is further contended that the impugned provisional order under Section 248(1) of the Act and the confirmation order under Section 248(3) of the Act and the other correspondences have been issued by respondent no.4, who has no jurisdiction to do the same. On the said grounds, the following prayers are made in the writ petition: "i) ISSUE A writ in the nature of certiorari to quash ANNEXURE-F2 the order of confirmation dated 06.05.2024 bearing no.AEE/RRNSD/CO/1/2024-25 passed by 4th Respondent. ii) ISSUE A writ in the nature of certiorari to quash ANNEXURE-G, the final notice of demolition dated 06.07.2024 bearing no.¸À.PÁ.C/gÁgÁ£ÀG«/¦Dgï/132/2024-25 issued by 4th Respondent. iii) Pass such other appropriate order as may be deemed fit and proper." - 5 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 3. Learned counsel for the respondent-BBMP upon instructions submits that the action has been initiated against the property concerned at the instance of one Sri. K.Renukaprasad. It is further submitted that though the notice has been issued in the name of one Mayanna, admittedly petitioners are relatives of the said Mayanna and they have due notice of the same. However, it is admitted that petitioners are the present khatedars and no notice was issued to them. It is also admitted that the proceedings should have been done by the Jurisdictional Zonal Commissioner. 4. It is submitted by the learned counsel for BBMP that under the given peculiar facts and circumstances of the case, BBMP is willing to redo the entire exercise from the stage of inspecting the property, as petitioners are already having due notice and it is prayed that a suitable order be passed. 5. The petitioner is agreeable for the same and it is contended that if an opportunity is given, petitioners would show as to how no action can be initiated against their property. - 6 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 6. Hence the following: ORDER i. The impugned provisional order dated 16.03.2024 passed by respondent no.4 (vide Annexure-F to the writ petition) is hereby set aside; ii. The impugned show cause notice dated 16.03.2024 issued by respondent no.4 (vide Annexure-F1 to the writ petition) is hereby set aside; iii. The impugned order of confirmation dated 06.05.2024 passed by respondent no.4 (vide Annexure-F2 to the writ petition) is hereby set aside; iv. The impugned final notice dated 06.07.2024 issued by respondent no.4 (vide Annexure-G to the writ petition) is hereby set aside; v. The respondents-BBMP shall inspect the property on 24.09.2025 at 11.00 a.m. without any requirement for them to serve the petitioners with separate notice; - 7 - HC-KAR NC: 2025:KHC:34838 WP No. 18159 of 2024 vi. The petitioners and the complainant- Sri.K.Renukaprasad are entitled to be present at the time of inspection and assist the authorities concerned to inspect the property; vii. The jurisdictional officer of the respondent- BBMP is at liberty to initiate appropriate action in accordance with law thereafter; viii. The writ petition stands disposed of accordingly. In view of disposal of main petition, I.A.No.1/2025 is rejected. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 18