- 1 - HC-KAR NC: 2025:KHC:36084 WP No. 27375 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27375 OF 2025 (LB-BMP) BETWEEN: 1. SMT. P JAYALAKSHMI W/O LATE P.S.JAYARAM AGED ABOUT 60 YEARS R/AT: NO.20/1, FIRST MAIN ROAD N.R.COLONY, BENGALURU-560 019. …PETITIONER (BY SMT. SAKSHI M.KRISHNA, ADVOCATE FOR SRI. SUBRAMANYA R., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS CHIEF COMMISSIONER N.R.SQUARE, BANGALORE-560 001. 2. ASST. DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE JAYANAGAR SECOND BLOCK BANGALORE-560 011. 3. ASST. EXECUTIVE ENGINEER, BURHAT BENGALURU MAHANAGARA PALIKE DODDAGANAPATHI SUB DIVISION BANGALORE-560 004. 4. ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE JAYANAGAR SECOND BLOCK BANGALORE-560 011. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36084 WP No. 27375 of 2025 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF DEMOLITION DATED 11.02.2022 PASSED BY RESPONDENT NO.4 BEARING NO.Va.Aa(Da)/PR/351/2021-22 (ANNEXURE- A) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, 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 356, 248(1) and 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act'), the petitioner has preferred this writ petition. 2. Admittedly, the petitioner is having an alternative and efficacious remedy under Section 253 of the BBMP Act. However, the learned counsel for the petitioner submits that there are no regular sittings of the Appellate Authority and hence, petitioner was constrained to file the writ petition. 3. The learned counsel for the BBMP submits that the sitting of the Appellate Authority normally takes once - 3 - HC-KAR NC: 2025:KHC:36084 WP No. 27375 of 2025 in a week and on a seniority basis, the case of the petitioner will be considered. It is noticed that the impugned order contemplates demolition of the alleged deviations. 4. The case of the petitioner is that there is no such deviation, and even if there are any deviation existing, it can be regularized. Under the circumstances, I am of the opinion that interest of justice would be met, if the petitioner is relegated to the Appellate Authority and accorded protection from demolition of her 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: ORDER i. The Writ Petition is hereby disposed of. ii. The petitioner is granted four weeks time from today to prefer an appeal before the Appellate Authority. - 4 - HC-KAR NC: 2025:KHC:36084 WP No. 27375 of 2025 iii. The respondents are directed not to precipitate the matter against the petitioner till a suitable order is passed in the appeal to be filed by the petitioner, provided petitioner prefer an appeal within four weeks from today. iv. The petitioner is prohibited from putting up additional construction on the property concerned till a decision is taken in the appeal. v. It is hereby made clear that no opinion has been expressed on merits of the case 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. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 15