Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:391 WP No. 12841 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12841 OF 2022 (LB-BMP)
BETWEEN:
1.
MR. RAJESH N BEGUR S/O. LATE H. NANJUNDAIAH, AGED ABOUT 56 YEARS, R/AT NO.237, 2C CROSS, 1ST MAIN, 2ND STAGE, DOMLUR, BENGALURU-560 071.
DESIGNATED PARTNER.
2.
SUMITRA VENTURES LLP FORMERLY KNOWN AS SHUBAN KNOWLEDGE PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT UNIT B/513, PLOT C70, THE CAPITAL, B WING, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-450 051, REPRESENTED BY ITS DESIGNATED PARTNER MR. FARZAD BAGLI REGISTERED U/S 58(1) OF LLP ACT, 2008. …PETITIONERS
(BY SRI. MANIK B.T., ADVOCATE)
AND:
1.
THE COMMISSIONER OF BBMP BBMP MAIN OFFICE, HUDSON CIRCLE, BENGALURU-560 002.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:391 WP No. 12841 of 2022
2.
MR. MANOJ JAIN ZONAL COMMISSIONER, AGE MAJOR, BBMP MAIN OFFICE, HUDSON CIRCLE, BENGALURU-560 002.
3.
MR. MANJUNATH THE ASSISTANT EXECUTIVE ENGINEER, AGE MAJOR, WARD 112, DOMLUR SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, 1ST MAIN, 1ST B CROSS, DOMLUR, BENGALURU-560 071.
4.
MR. PRAKASH THE ASSISTANT ENGINEER, AGE MAJOR, WARD 112, DOMLUR SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, 1ST MAIN, 1ST B CROSS, DOMLUR, BENGALURU-560 071.
5.
MR. OM HEGDE OORUTHOTA S/O. UNKNOWN, AGE MAJOR, 968, SRINIDHI NILAYA, 7TH CROSS, BANASHANKARI 1ST STAGE, BENGALURU-560 050. …RESPONDENTS
(BY SMT. SINCHANA M.R., ADVOCATE FOR R1;
SRI. H. MANJUNATH, ADVOCATE FOR R5;
NOTICE NOT ORDERED IN R/O R2 TO R4)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO: (I) QUASH THE IMPUGNED
ORDER AT ANNEXURE-A BEARING NO.AEE(D)/PR/38/2021-22 DTD.12.01.2022 ISSUED UNDER
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HC-KAR NC: 2026:KHC:391 WP No. 12841 of 2022
SECTION 248(2) OF THE BBMP ACT AGAINST PETITIONER NO.1 WITH RESPECT TO SCHEUDLE A PROPERTY, NAMELY NO.237 2C CROSS, DOMLUR 2ND STATE, BENGALURU-560 071; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioners are before this Court seeking for the following reliefs:
“I. Issue a Writ, Order or Direction in the nature of certiorari, quashing the impugned
order at Annexure A bearing No. AEE(D)/PR/38/2021-22 dated 12.01.2022 issued under Section 248 (2) of the BBMP Act against Petitioner No. 1 with respect to Schedule A property, namely No. 237 2C Cross, Domlur 2nd Stage, Bengaluru 560 071. II. Issue a Writ, Order or Direction in the nature of certiorari, quashing the impugned
order at Annexure B bearing No. AEE(D)/PR/38/2021-22 dated 12.01.2022 issued under Section 248 (1) of the BBMP Act against Petitioner No. 1 with respect to Schedule A property, namely No. 237 20 Cross, Domlur 2nd Stage, Bengaluru 560 071. III. Issue a Writ, Order or Direction in the nature of certiorari, quashing the impugned
order at Annexure C bearing No. AEE(D)/PR/37/2021-22 dated 12.01.2022 issued under Section 248 (2) of the BBMP Act against Petitioner No. 2 with respect
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HC-KAR NC: 2026:KHC:391 WP No. 12841 of 2022
to Schedule A property, namely No. 236 2C Cross, Domlur 2nd Stage, Bengaluru 560 071. IV. Issue a Writ, Order or Direction in the nature of certiorari, quashing the impugned
order at Annexure D bearing No. AEE(D)/PR/37/2021-22 dated 12.01.2022 issued under Section 248 (1) of the BBMP Act against Petitioner No. 2 with respect to Schedule A property, namely No. 236 2C Cross, Domlur 2nd Stage, Bengaluru 560 071. V. Issue such other directions as this Hon'ble court may deem fit to grant in the circumstances of the case in the interest of justice and equity. VI. Direct the Respondents to pay costs of this Writ Petition in the interest of Justice and Equity.”
2. What has been challenged are the provisional and confirmatory orders passed under Section 248(1) and 248(2). On an enquiry with learned counsel for respondent No.1 as to whether the petitioners have replied to the said Notices/Orders, he submitted that no reply has been received till now.
3. In that view of the matter, I am of the considered opinion that the said Orders could be read down as Show Cause Notices permitting the petitioners to reply to the same while directing the jurisdictional Assistant Executive Engineer to consider the same
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HC-KAR NC: 2026:KHC:391 WP No. 12841 of 2022
and pass necessary orders. Hence, I pass the following:
ORDER i. Writ petition is allowed. ii. The Notices at Annexures-A to D are read down as Show Cause Notices permitting the petitioners to reply to the same, which reply shall be submitted on or before 19.1.2026. iii. If a reply is so submitted by the petitioners, the Assistant Executive Engineer is directed to consider the same and pass necessary orders within a period of 15 days thereafter. iv. In the event of no reply being submitted by 19.1.2026, it is made clear that the Assistant Executive Engineer would be free to proceed to pass such orders as are permissible under law.
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HC-KAR NC: 2026:KHC:391 WP No. 12841 of 2022
v. The respondents are directed not to take any action until appropriate orders are passed as above. iv. I.A.No.1/2025 does not survive for consideration.
Sd/- (SURAJ GOVINDARAJ) JUDGE
TL List No.: 1 Sl No.: 66