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2026 DAILYLAW 7206 (KAR)

M/S R2G CONSTRUCTIONS v. THE CHIEF COMMISSIONER

WP/4592/2026 · 2026-02-16

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9596 WP No. 4592 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4592 OF 2026 (LB-BMP) BETWEEN: 1. M/S R2G CONSTRUCTIONS, SITE NO.6, KATHA NO. 141/42/2, VARANASI @ JINKETHIMMANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU - 560 036. AND AT SITE NO. 9, BBMP KATHA NO.672/109, GANDIPURA VILLAGE, WHITE FIELD POST, HAGADURU WARD NO.84, BENAGLURU - 560 066. REPRESENTED BY ITS MANAGING PARTNER, SRI. P. VERRE RAGHAVA REDDY, S/O P.P. CHNAGA REDDY, AGED ABOUT 39 YEARS. …PETITIONER (BY SRI. NAGARAJA T, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9596 WP No. 4592 of 2026 2. THE OFFICE OF THE ASSISTANT DIRECTOR, TOWN PLANNING (BBMP) MAHADEVAPURA, RHB COLONY, WHITE FIELD MAIN ROAD, BENGALURU - 560 048. 3. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE GREATER BENGALURU, (EAST-1), WHITE FIELD SUB- DIVISION, BENGALURU - 560 066. …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE FOR R1 to R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO QUASH THE IMPUGNED NOTICE DATED 06.11.2025 ISSUED UNDER SECTIONS 313 AND 352 OF THE BBMP ACT, 2020. THE PROVISIONAL ORDER DATED 18.11.2025 ISSUED UNDER SECTION 248(1). THE SHOW CAUSE NOTICE DATED 18.11.2025 ISSUED UNDER SECTION 248(2). AND THE CONFIRMATION ORDER DATED 02.12.2025 PASSED UNDER SECTION 248(3) OF THE BBMP ACT, 2020, ALL BEARING NO. SAM.BBMP/SAKAA/Y.U.V/P.R.NO. 79/2025-26, AND ALL SERVED BELATEDLY ON 06.01.2026, AS PRODUCED AT ANNEXURES-S, T, U AND V, ISSUED BY THE THIRD RESPONDENT, THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE GREATER BENGALURU (EAST-1), WHITEFIELD SUB- DIVISION, BENGALURU-560066 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:9596 WP No. 4592 of 2026 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) "To quash the impugned notice dated 06.11.2025 issued under Sections 313 and 352 of the BBMP Act, 2020; the provisional order dated 18.11.2025 issued under Section 248(1); the show cause notice dated 18.11.2025 issued under Section 248(2); and the confirmation order dated 02.12.2025 passed under Section 278(3) of the BBMP Act, 2020, all bearing No. SAM. BBMP/SAKAA/Y.U.V/P.R.No.79/2025- 26, and all served belatedly on 06.01.2026, as produced at Annexures S, T, U and V, issued by the third respondent, the Assistant Executive Engineer, Office of the Greater Bengaluru (East-1), Whitefield Sub-Division, Bengaluru-560066. (b) Pass such other orders including the order as to costs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity. " 2. The grievance of the petitioner is that the appeal which has been filed by the petitioner on 22.01.2026 under Sections 256 and 253 of the BBMP Act, 2020 has still not been considered by the first respondent and there is an - 4 - HC-KAR NC: 2026:KHC:9596 WP No. 4592 of 2026 imminent danger of the property of the petitioner being demolished. 3. Sri. Pavan Kumar, learned counsel for the Corporation submits that the Chief Commissioner takes up the matters every fortnight on the Saturday i.e., the first Saturday and the third Saturday and he further submits that due to large number of matters, the appeal of the petitioner might not have been taken up, but he submits that the same would be taken up at the very next sitting. 4. The City of Bangalore now having five corporations, an appeal being required to be heard by the Chief Commissioner may not be practical. There being huge number of matters which are filed under the erstwhile Section 253 and now Section 250 of the GBA Act, it would be required for the concerned to have a re-look on it so as to enable each of the Commissioner of the particular commissionerate to take up the matter. 5. Be that as it may, in view of the submission made by learned counsel for the Corporation that the appeal of the petitioner would be considered at the very next sitting, - 5 - HC-KAR NC: 2026:KHC:9596 WP No. 4592 of 2026 the above petition is disposed of with a direction that the respondents do not take any coercive steps, until the appeal is taken up for hearing by the Chief Commissioner. SD/- (SURAJ GOVINDARAJ) JUDGE JS List No.: 2 Sl No.: 13