Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14745 WP No. 8274 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8274 OF 2026 (LB-BMP)
BETWEEN:
1.
MAKAM RANGANATH PRASAD S/O MAKAM RANGAPPA KRISHNA MOORTHY, AGED ABOUT 56 YEARS,
2.
MAKAM SHREE KANTH, S/O MAKAM RANGAPPA KRISHNA MOORTHY, AGED ABOUT 56 YEARS,
BOTH ARE RESIDING AT:
SITE NO.8, PATTANDUR AGRAHARA VILLAGE, K R PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 066.
…PETITIONERS (BY SRI. ROHAN S., ADVOCATE) AND:
1.
THE CHIEF COMMISSIONER BBMP (NOW RENAMED AS G.B.A) HAVING OFFICE AT:
N.R. SQUARE, BENGALURU - 560 001.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14745 WP No. 8274 of 2026
2.
THE ZONAL COMMISSIONER, MAHADEVPURA ZONE, BBMP (NOW RENAMED AS GBA), HAVING OFFICE AT:
RHB COLONY, WHITEFIELD MAIN ROAD, BANGALORE - 560 048.
3.
THE ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB-DIVISION, BBMP (NOW RENAMED AS GBA), NEAR GOVERNMENT POLYTECHNIC COLLEGE, EMMADI HALLI, BANGALORE-560 066.
…RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY WRIT OF LIKE NATURE TO QUASH THE CONFIRMATION
ORDER DATED 02.07.2025 BEARING NO.ಎಂ/ಸಾಅ/ ೈ.ಉ./38/2025-26 PASSED BY THE ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB DIVISION, BBMP, BENGALURU/RESPONDER NO.3 UNDER SECTION 248(3) OF THE BBMP ACT, 2020 VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:14745 WP No. 8274 of 2026
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The writ petition is filed with the following prayers:
"i. Issue a Writ of Certiorari or any writ of like nature to quash the confirmation order dated 02.07.2025 bearing No. ಎಂ/ಸಾಅ/ ೈ.ಉ./38/2025-26 passed by the Assistant Executive Engineer, Whitefield Sub division, BBMP, Bengaluru/Respondent No.3 under section 248(3) of the BBMP Act, 2020 vide Annexure A. ii. Pass any such other Orders as this Hon'ble Court Deems fit under the facts and Circumstances of the case."
2. The only ground on which the impugned order is challenged is that the order has been passed under the provisions of the repealed Bruhat Bengaluru Mahanagara Palike Act, 2020.
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HC-KAR NC: 2026:KHC:14745 WP No. 8274 of 2026
3. The BBMP Act was repealed upon the coming into force of the Greater Bengaluru Governance Act, 2024, which came into effect from 15.05.2025. However, it is seen that the impugned order has been passed on 02.07.2025 under the provisions of the repealed BBMP Act, 2020.
4. This Court in W.P.No.870/2026 has held that a similar order cannot be sustained.
5. The
learned counsel appearing for the respondents - Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP') now, the Greater Bengaluru Authority (for short, 'the GBA'), fairly admits the aforementioned
facts and the law. However, he submits that liberty may be reserved to the authorities concerned to proceed against the petitioners under the provisions of the Greater Bengaluru Governance Act, 2024, for which the learned counsel for the petitioners has no objection. Hence, the following:
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HC-KAR NC: 2026:KHC:14745 WP No. 8274 of 2026
ORDER i. The Writ Petition is hereby disposed of. ii. The impugned order dated 02.07.2025 passed by respondent No.3 vide Annexure-A to the writ petition is hereby set aside. iii. Liberty is granted to the respondents to proceed against the petitioners as per the provisions of the Greater Bengaluru Governance Act, 2024.
SD/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 8