- 1 - HC-KAR NC: 2026:KHC:5512 WP No. 34682 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34682 OF 2024 (LB-BMP) BETWEEN: 1. KALLESHAPPA A.R. S/O RUDRAPPA AGED ABOUT 67 YEARS 2. SAROJAMMA W/O KALLESHAPAP A.R. AGED ABOUT 65 YEARS BOTH ARE R/AT NO.793 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGAR BANGALURE-560 079 …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE N.R. SQUARE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR TOWN PLANNING (WEST) WEST DIVISION BBMP BASHYAM PARK, BENGALURU-560 020 3. THE ASSISTANT ENGINEER OFFICE OF THE THE ASSISTANT DIRECTOR TOWN PLANNING (WEST) WEST DIVISION BBMP, BASHYAM PARK BENGALURU-560 020 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5512 WP No. 34682 of 2024 4. THE EXECUTIVE ENGINEER RAJAJINAGAR DIVISION BRUHATH BANGALORE MAHANAGAR PALIKE BANGALORE-560 010 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONFIRMATION ORDER DATED 13.03.2023 BEARING NO.SA.NI.NA.YO(PA)/CO./65/2022-23 PASSED UNDER 248(3) OF THE BBMP ACT BY THE RESPONDENT NO.2 VIDE ANNEXURE-G TO THE WRIT PETITION 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. Petitioners are before this Court seeking for the following reliefs:- a) "Issue a writ of certiorari or any other writ of like nature and quash the confirmation order dated 13/03/2023 bearing No.SA.NI.NA.YO(PA)/CO./65/2022-23 passed under 248(3) of the BBMP Act by the respondent No.2 vide Annexure-g to the writ petition, b) Issue a writ of certiorari or any other writ of like nature and quash the Provisional order dated 03-03- 2023 bearing No.SA.NI.NA.YO(PA)/PO/65/2022-23 passed under 248(1) and 2 of the BBMP Act by the respondent No.2 vide Annexure-F to the writ petition, - 3 - HC-KAR NC: 2026:KHC:5512 WP No. 34682 of 2024 c) Issue a writ of certiorari or any other writ of like nature and quash the Notice dated 15/11/2023 bearing No. KA.NI.A(RA.NA)/PR/17/23-24 of the BBMP Act by the respondent No.4 vide Annexure-H to the writ petition and, d) Grant any other remedy that this Hon'ble Court deems fit, in the interest of justice and equity." 2. The grievance of the petitioners are that the petitioners were not served with the provisional order dated 03.03.2023 and as such, the petitioners could not submit their reply resulting in the confirmation order having been passed. 3. The confirmation order having been passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 has a penal consequence which could even result in demolition of the building or portion of the building of the petitioners. Such penal consequence being provided, I am of the considered opinion that an opportunity would have to be provided to the petitioners to reply to the provisional order and make their stand clear to negate the contentions of the respondents, if possible. - 4 - HC-KAR NC: 2026:KHC:5512 WP No. 34682 of 2024 4. In that view of the matter, I pass the following:- ORDER i. The writ petition is partly allowed. ii. The confirmation order dated 13.03.2023 bearing No.Sa.NI.NA.Yo(PA)/CO/65/2022-23 at Annexure - G is quashed. iii. The petitioners are granted seven days time to reply to the provisional order at Annexure - F which reply shall be submitted on or before 07.02.2026. iv. If such reply is submitted, the respondent No.2 is directed to consider the same and pass necessary orders within a period of 15 days thereafter. v. Interim order earlier granted shall continue till disposal. SD/- (SURAJ GOVINDARAJ) JUDGE MH/- List No.: 1 Sl No.: 15