Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36669 WP No. 28120 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28120 OF 2025 (LB-BMP) BETWEEN:
1.
MRS. SANGEETHA MAHADEVAN, W/O SRI. P.MAHADEVAN, AGED ABOUT 64 YEARS, R/AT FLAT NO.2001, PAVAN ENCLAVE, 16TH ‘B’ MAIN ROAD, HAL 2ND STAGE, BENGALURU – 560 008.
REPRESENTED BY GPA HOLDER SMT. NAGAVENI VUNDELA.
2.
MRS. NAGAVENI VUNDELA, AGED ABOUT 34 YEARS, MANAGING PARTNER AT M/S. PADMAKSHI INFRA HEIGHTS LLP, OFFICE AT NO.28, K.NO.564 , 2ND CROSS, OPP. FCI GOWDOWN, DOORAVANINAGAR, BENGALURU – 560 016.
(REG. AS PER SECTION 23(4) OF LLP ACT, 2008.) …PETITIONERS (BY MS. NIKHITHA, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36669 WP No. 28120 of 2025
AND:
1.
THE COMMISSIONER, M/S. BRUHATH BENGALURU MAHANAGARA PALIKE, BBMP, N.R.SQUARE, BENGALURU – 560 002.
2.
THE ASSISTANT DIRECTOR, TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVPURA, BENGALURU – 560 016.
3.
THE ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, HORAMAVU SUB-DIVISION, MAHADEVPURA DIVISION, JAYANTHI CIRCLE, HORAMAVU, BENGALURU – 560 043. …RESPONDENTS (BY SRI. PAVAN KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 18.10.2024 PASSED BY THE R-2 UNDER SECTION 248(3) OF THE BBMP ACT 2020 IN VIDE NO. BBMP/ADTP/MZ/PO/29/2024-25 ANNEXURE-A AND THE PROVISION ORDER DTD 5.09.2024 PASSED BY THE R-2 UNDER SECTION 248(1) OF BBMP ACT 2020 IN VIDE NO.
BBMP/ADTP/MZ/PO.2024-25 - ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36669 WP No. 28120 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners are before this Court seeking protective orders against the demolition of property of the petitioners.
2. Heard Smt.Nikhitha, learned counsel appearing for the petitioners and have perused the material on record
3.
Learned counsel for the petitioners submits that against the order under section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020, the petitioners have preferred an appeal before the Appellate Authority and the appeal is still pending consideration. Therefore, till the appeal is not decided, where the rights of the parties are at large, no demolition shall take place to the property of the petitioners.
4.
Learned counsel Sri.Pavan Kumar, appearing for the respondents submits that no action will be taken till the appeal of the petitioners would merit consideration at the hands of the Appellate Authority.
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HC-KAR NC: 2025:KHC:36669 WP No. 28120 of 2025
5. In that light, leaving open the remedy available to the petitioners and all contentions also to be urged before the Appellate Authority, there shall be no demolition of the property of the petitioners till the appeal is disposed, in accordance with law.
With the aforesaid observations, petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 3 Sl No.: 4 CT:SS