- 1 - HC-KAR CNR: KAHC010591782026 NC: 2026:KHC:52804 WP No. 26590 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26590 OF 2026 (LB-BMP) BETWEEN: SRI BHARAT RANA, S/O. RAMSHY RANA, AGED ABOUT 46 YEARS, R/AT NO. 607, 7TH CROSS, OPPOSITE TO MALU HOUSING PRODUCT, KOGILU LAYOUT, YELAHANKA, BANGLORE 560 064. …PETITIONER (BY SRI SATISH K, ADVOCATE) AND: 1. THE GREATER BENGALURU AUTHORITY, REP. BY ITS CHIEF COMMISSIONER, HUDSON CIRCLE, N.R. SQUARE, BENGALURU 560 002. 2. THE EXECUTIVE ENGINEER, BYATARAYANAPURA DIVISION, BANGALORE NORTH MUNICIPAL CORPORATION, DEFENCE COLONY, C.Q.A.L LAYOUT, SAHAKARANAGAR, BANGALORE - 560 092. 3. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE NORTH MUNICIPAL CORPORATION, KOGILU SUB DIVISION, DASARAHALLI, BANGALORE 560 024. 4. THE REGISTRAR, THE KARNATAKA LOKAYUKTHA, M. S. BUILDING, BANGALORE 560 001. Digitally Signed By: SURAJ GOVINDA RAJ 30/09/2026, 17:24, Bengaluru Verified - 2 - HC-KAR CNR: KAHC010591782026 NC: 2026:KHC:52804 WP No. 26590 of 2026 5. THE ASSISTANT REGISTRAR, (LEGAL ADVICE - 1), THE KARNATAKA LOKAYUKTHA, M. S. BUILDING, BANGALORE 560 001. …RESPONDENTS (BY SRI PAWAN KUMAR, ADVOCATE FOR R-1 TO R-3; SRI VENKATESH S ARABATTI, ADVOCATE FOR R-4 & R-5 [VK NOT FILED]) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1950 PRAYING TO A) CALL FOR THE RECORDS FROM THE CONCERNED RESPONDENTS PERTAINING TO THE IMPUGNED PROCEEDINGS DATED 16/07/2026 ISSUED BY THE 5TH RESPONDENT AND THE CONSEQUENTIAL IMPUGNED FINAL NOTICE DATED 03/08/2026 ISSUED BY THE 3RD RESPONDENT (ANNEXURE - J AND K) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs:- a. CALL for the records from the concerned Respondents pertaining to the impugned proceedings dated 16/07/2026 issued by the 5th Respondent and the consequential Impugned Final Notice dated 03/08/2026 issued by the 3rd Respondent (ANNEXURE - J and K); b. ISSUE WRIT OR ORDER quashing the impugned proceedings dated 16/07/2026 bearing No. Complaint /Upalok/BCD/2327/2022/ARLO-1 issued by the Respondent No.5 and the impugned Final Notice dated 03/08/2026 bearing No Bem.U.Na.Paa/S.Kaa.Aa(Koo) /PR/73/2026-27 issued by the Respondent No.3 (ANNEXURE J AND K) in the interest of justice and equity; Digitally Signed By: SURAJ GOVINDA RAJ 30/09/2026, 17:24, Bengaluru Verified - 3 - HC-KAR CNR: KAHC010591782026 NC: 2026:KHC:52804 WP No. 26590 of 2026 c. PASS any such other Order which this Hon'ble Court deems fit, including the cost of the Writ Petition, in the interest of justice and equity.” 2. What has been challenged in the present proceedings is the final notice issued under sub-section (3) of Section 248 of the BBMP Act. 3. A final notice dated 03.08.2026 came to be issued, calling upon the petitioner to vacate the premises to enable the respondent Authority to demolish the illegal and/or unauthorised construction and/or the construction alleged to be in violation of the applicable provisions. 4. The submission of learned counsel for the petitioner is that the final notice has been issued in terms of the direction issued by the Hon'ble Upa Lokayukta and as such he submits that a statutory Appellate Remedy will not be an efficacious alternative remedy. 5. Learned counsel for respondents No.1 to 3-GBA would, however, submit that the final notice under notice-cum-confirmatory order under Sub-section (3) of Section 248 has attained finality and it is for that reason that a complaint had been filed before the Hon'ble Upa Lokayukta, where directions have been issued. Digitally Signed By: SURAJ GOVINDA RAJ 30/09/2026, 17:24, Bengaluru Verified - 4 - HC-KAR CNR: KAHC010591782026 NC: 2026:KHC:52804 WP No. 26590 of 2026 6. No appeal having been filed, the respondents are taking action in terms of Sub-section (3) of Section 248. 7. In that view of the matter, this Court is of the considered opinion that though the suit had been allegedly mistakenly filed by the petitioner, which has been withdrawn yesterday i.e., 22.09.2026, the petitioner ought to be provided an opportunity to file an appeal in terms of Section 250 of the Greater Bangalore Governance Act, 2024. 8. Reserving liberty to the petitioner to file such an appeal, which shall be filed on or before 30.09.2026, and directing the respondent-Chief Commissioner to consider the said appeal at the earliest, and until such appeal is considered, restraining the respondent from carrying out any demolition, the petition stands dismissed. 9. It is, however, categorically made clear that if an appeal is not filed by 30.09.2026, the benefit of this order would automatically stand rescinded. (SURAJ GOVINDARAJ) JUDGE SR/List No.: 3 Sl No.: 10 Digitally Signed By: SURAJ GOVINDA RAJ 30/09/2026, 17:24, Bengaluru Verified