Petitioner challenged a demolition order under Section 248 of the BBMP Act 2020. The High Court dismissed the writ petition since an appeal remedy was available to the Chief Commissioner under Section 253 of the Act.
Liberty granted to file an appeal before the Chief Commissioner under Section 253 of the BBMP Act 2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:24919 WP No. 17406 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17406 OF 2024 (LB-BMP)
BETWEEN:
SMT. MALA N, W/O. SUDHINDRA THEERTA, AGED ABOUT 39 YEARS, NO. 07, GIDADHA KONENAHALLI VILLAGE, SY. NO. 48, NISARGA LAYOUT, BANGALORE - 560 091.
…PETITIONER
(BY SRI. PHANIRAJ KASHYAP, ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE PRAYING TO QUASH THE NOTICE BEARING NO. S.K.A./H.U.V./RARANWA/CO/59/24-25 DATED 14/05/2024 PASSED BY SECOND RESPONDENT UNDER SECTION 248(2) OF
NC: 2024:KHC:24919 WP No. 17406 of 2024
THE BBMP ACT 2020 PRODUCED AT ANNEXURE-A AND QUASH THE DEMOLITION ORDER BEARING NO. S.K.A./H.U.V/ RARANWA/CO/59/24-25 DATED 27/05/2024 PASSED BY SECOND RESPONDENT UNDER SECTION 248(3) OF THE BBMP ACT 2020 PRODUCED AT ANNEXURE-B AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned counsel Sri.Pawan Kumar, who is present in the Court is directed to take notice for both the respondents.
Accordingly, the writ petition stands dismissed.
Sd/JUDGE
rv List No.: 1 Sl No.: 1 CT: BHK
4 provisions across 3 enactments
SMT. MALA N
THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE
THE ASSISTANT EXECUTIVE ENGINEER, BBMP HARIHALLI SUB-DIVISION (WARD NO. 28)
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
