- 1 - HC-KAR NC: 2025:KHC:28900 WP No. 22003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22003 OF 2025 (LB-BMP) BETWEEN: 1. SRI. SUNIL KUMAR JAIN S/O. SRI CHHAGANLAL JAIN AGED ABOUT 54 YEARS RESIDING AT NO.564 10TH 'A' MAIN ROAD JAYANAGAR 5TH BLOCK BANGALORE-560 041. 2. SRI. ABHISHEK C. JAIN S/O. SRI CHHAGANLAL JAIN AGED ABOUT 37 YEARS RESIDING AT NO.564 10TH 'A' MAIN ROAD JAYANAGAR 5TH BLOCK BANGALORE - 560 041. …PETITIONERS (BY SRI. PARASMAL .B @ PARAS JAIN, ADVOCATE) AND: 1. THE ZONAL COMMISSIONER (WEST) BRUHAT BENGALURU MAHANAGARA PALIKE SAMPIGE ROAD BENGALURU-560001. …RESPONDENT (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28900 WP No. 22003 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NUMBER NO. Z.C. (W) /P.R./360/25- 26 DATED 21-06-2025 PASSED BY ZONAL COMMISSIONER, BBMP, BANGALORE (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed assailing the impugned notice issued by the respondent/Zonal Commissioner vide Annexure-A, thereby calling upon the petitioners to appear on 05.07.2025 at about 3.00 p.m. 2. The petitioners fairly concede that they did not appear before the respondent/Zonal Commissioner on 05.07.2025, pursuant to the notice issued. Consequently, the respondent/Zonal Commissioner has passed a provisional order under Section 248(1) and (2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020. The learned counsel for the petitioners submits that this provisional order was never served on them and that the - 3 - HC-KAR NC: 2025:KHC:28900 WP No. 22003 of 2025 petitioners have now obtained a copy of the impugned show-cause notice issued under Section 248(2) through an application under the Right to Information Act. 3. Upon perusal of the material on record, this Court is of the considered view that, since the petitioners have now secured the provisional order, they are at liberty to submit their objections or explanation in response thereto. In such circumstances, this Court finds it appropriate to issue limited directions to the respondent/Zonal Commissioner to afford an opportunity to the petitioners to respond to the provisional order and to proceed in accordance with law thereafter. 4. In view of the above, the following: ORDER (i) The writ petition is partly allowed; (ii) The petitioners are granted a period of four weeks from the date of receipt of a certified copy of this order to submit their detailed objections/explanation to the provisional order - 4 - HC-KAR NC: 2025:KHC:28900 WP No. 22003 of 2025 dated 17.11.2021 passed under Section 248(1) of the BBMP Act, 2020; (iii) Upon receipt of the explanation, the respondent/Zonal Commissioner shall consider the same and proceed to pass appropriate orders in accordance with law and in a time-bound manner; (iv) Till such time the enquiry is concluded under Section 248(3), no coercive or precipitative action shall be initiated against the petitioners pursuant to the provisional order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 6