- 1 - HC-KAR NC: 2026:KHC:6905 WP No. 2699 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2699 OF 2026 (LB-BMP) BETWEEN: 1. SRI JAYAKEERTHI S S/O. LATE SANJEEVARAJU M., AGED ABOUT 48 YEARS, 2. SMT. LAKSHMISHREE S D/O. LATE SANJEEVARAJU M., AGED ABOUT 44 YEARS, BOTH ARE R/AT NO.7, 'SANGEETH', 3RD CROSS, VINAYAKA LAYOUT, K.R. PURAM, BENGALURU NORTH - 560 036. …PETITIONERS (BY SRI. SAMPATH A, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY (FORMERLY KNOWN AS BBMP) N.R. SQUARE, HUDSON CIRCLE, BENGALURU - 560 002. 2. THE COMMISSIONER GREATER BENGALURU AUTHORITY BENGALURU EAST CITY CORPORATION, WHITEFIELD SUB-DIVISION, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6905 WP No. 2699 of 2026 BESIDE GOVT. POLYTECHNIC COLLEGE, IMMADIHALLI, BENGALURU - 560 066. 3. THE ASST. EXECUTIVE ENGINEER GREATER BENGALURU AUTHORITY (EAST-1) WHITEFIELD SUB-DIVISION, BENGALURU - 560 066. 4. THE ASST. EXECUTIVE ENGINEER BBMP, MAHADEVAPURA ZONE, BESIDE GOVERNMENT POLYTECHNIC COLLEGE IMMADHIHALLI, BENGALURU - 560 066. 5. SMT. M. MANJULA KUMARI W/O LATE M NAGESH AGED ABOUR 55 YEARS R/AT NO.400, ASHRITHA RAMAGONDANAHALLI, WHITE FILED, BENGALURU - 560 066 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING BBMP/SAKAAAA/Y.U.V/P.R.NO.47/2025-26 DTD 21.08.2025 ISSUED BY THE R-4 UNDER SEC 313 AND 352 OF THE BBMP ACT 2020 VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:6905 WP No. 2699 of 2026 ORAL ORDER 1. Sri Pawan Kumar, learned counsel accepts notice for Respondent Nos.1 and 2. 2. The petitioners are before this Court seeking for the following reliefs: (a) Issue writ in the nature of certiorari, quashing the notice bearing BBMP/SAKAAAA/Y.U.V/P.R.No.47/2025-26 dated 21- 08-2025 issued by the Respondent No.4 under Section 313 and 352 of the BBMP Act 2020 vide Annexure-A. (b) Issue writ in the nature of certiorari, quashing the provisional Order bearing BBMP/SAKAAAA/Y.U.V/P.R.No.61 /2025-26 dated 16-09-2025 issued by the Respondent No.3 under Section 248(1) of the BBMP Act 2020 vide Annexure- B. (c) Issue writ in the nature of certiorari, quashing the Notice bearing BBMP/SAKAAAA/Y.U.V/P.R.No.61 /2025-26 dated 16-09-2025 issued by the Respondent No.3 under Section 248(2) of the BBMP Act 2020 vide Annexure-C. (d) Pass such other order or further orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of Justice and Equity. 3. The contention of the learned counsel for the petitioners is that though the Greater Bengaluru Governance Act, 2024 came into force on 14.05.2025, the notice under sub-section (1) of Section-248 of the BBMP Act, 2020 has been issued on 16.09.2025, which could not have been - 4 - HC-KAR NC: 2026:KHC:6905 WP No. 2699 of 2026 so done since the said Act has stood repealed by the Greater Bengaluru Governance Act, 2024. 4. This issue has been dealt by this Court vis-a-vis the erstwhile Karnataka Municipal Corporation Act, 1976 (for short hereinafter referred to as 'KMC Act, 1976) and the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short hereinafter referred to as 'BBMP Act, 2020') in the case of Dr.N. Gnanamurthy and another -vs- The Commissioner and others1 and this Court has categorically come to a conclusion that once the BBMP Act, 2020 has come into force, powers under sub-section (1) of Section 321 of the KMC Act, 1976 could not be resorted to. Similar would be the situation in the present matter. Once the Greater Bengaluru Governance Act, 2024 has come into force, the exercise of power under sub-section (1) of Section 248 of the BBMP Act, 2020 could not be resorted to. 5. In that view of the matter, I pass the following: 1 W.P.NO.26789/2023(LB-BMP) - 5 - HC-KAR NC: 2026:KHC:6905 WP No. 2699 of 2026 O R D E R (a) The writ petition is allowed. (b) A certiorari is issued, the provisional order dated 16.9.2025 passed under Section 248(1) of the BBMP Act, 2020 by the Respondent Nos.1 to 4 at Annexure-B is quashed. (c) Respondents would always be at liberty to issue fresh notices under the Greater Bengaluru Governance Act, 2024. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 10