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2026 DAILYLAW 1644 (KAR)

SRI. B.G. SUJAY v. THE CHIEF COMMISSIONER

WP/10105/2026 · 2026-04-08

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19292 WP No. 10105 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10105 OF 2026 (LB-RES) BETWEEN: 1. SRI. B.G. SUJAY S/O H.R.GAJENDRA, AGED ABOUT 52 YEARS, R/AT SREE, NO 3, 1ST FLOOR, 6TH CROSS, 27TH MAIN, V.G.S. LAYOUT, EJJIPURA, BANGALORE -560 047 …PETITIONER (BY SRI.V.SRINIVAS.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER (EARLIER BBMP) GREATER BENGALURU AUTHORITY PALIKE N.R.SQUARE BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER KORAMANGALA SUB-DIVISION, NO 01, 1ST FLOOR, PUBLIC HEALTH CENTER BUILDING, LASKAR- HOSUR ROAD, ADUGODI, BANGALORE -560 030. …RESPONDENTS (BY SRI. K.V.BATHE GOWDA., 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 OTHER WRIT OF LIKE NATURE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19292 WP No. 10105 of 2026 AND QUASH THE PROVISIONAL ORDER DATED 12/08/2024 BEARING NO.ಸಾಾಅ/ೋಉ / ಓ/06/2024-25 PASSED UNDER 248(1) AND 248 (2), OF THE BBMP ACT, ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Provisional and confirmation orders under Sections 248(1) and 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 have been passed against the petitioner on the ground that he has put up construction in violation of the building bye-laws and the sanctioned plan. The said orders are dated 12.08.2024 and 03.09.2024, respectively. However, it is submitted by the petitioner that the said notices have been issued to him only now, and hence, he has filed the present writ petition. 2. The learned counsel appearing for the respondents, upon instructions, submits that the notices were issued to the petitioner long ago and denies the contention that they have been issued to him only now. - 3 - HC-KAR NC: 2026:KHC:19292 WP No. 10105 of 2026 However, he further points out that no such pleading regarding non-issuance of notice has been made in the writ petition and that it is only an oral submission made by the learned counsel for the petitioner. He further submits that, even otherwise, the petitioner is having an alternative and efficacious remedy under Section 250 of the Greater Bengaluru Governance Act, 2024 (for short, 'the Act'). 3. The learned counsel appearing for the petitioner is unable to contravene the fact that he is having an alternative and efficacious remedy under the Act. However, he submits that due to the Appellate Authority not sitting on every day, he requires some protection, till an order is passed by the Appellate Authority. Hence, the following: ORDER i. The Writ Petition is hereby disposed of, reserving liberty to the petitioner to approach - 4 - HC-KAR NC: 2026:KHC:19292 WP No. 10105 of 2026 the Appellate Authority in the manner known to law. ii. However, the respondents are directed not to precipitate the matter against the petitioner for a period of eight (08) weeks from today or till an appropriate decision is taken by the Appellate Authority, whichever is earlier. iii. It is hereby made clear that no opinion is expressed on the merits of the case and the Appellate Authority is directed to consider the case of the petitioner in the manner known to law and pass appropriate orders. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 6