Writ petition challenged a confirmation order dated 03.08.2024 passed under Section 248(3) of the BBMP Act regarding a structure on the petitioner's property. The court held the order was appealable and dismissed the petition as not maintainable for non-exhaustion of alternative remedy, granting interim protection of 15 days.
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NC: 2024:KHC:34605 WP No. 23622 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 23622 OF 2024 (LB-BMP)
BETWEEN:
NATESH C S/O LATE CHANNABASAVANNA, AGED ABOUT 60 YEARS, NO.8, SRI VINAYAKA KRUPA, 2ND MAIN, 2ND G CROSS, NEAR KTG COLLEGE, HEGGANAHALLI, BENGALURU NORTH TALUK, BENGALURU-560091
…PETITIONER
(BY SRI. SOMASHEKHARAIAH R P., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
(BY SRI. B. BOPANNA, AGA FOR R1; SRI. PAWAN KUMAR, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD.03.08.2024 IN SAKAAA/HEUV/ PR/147/2024-25 UNDER ANNX-E. ISSUED BY R3; DIRECT THE R-3 NOT TO TAKE ANY COERCIVE STEPS TO DEMOLISH THE STRUCTURE PUT UP IN THE SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
This writ petition is filed challenging the confirmation order dated 03.08.2024, passed under Section 248(3) of the BBMP Act, 2020.
NC: 2024:KHC:34605 WP No. 23622 of 2024
the alternative remedy. Meanwhile, the respondents are directed not to take any action pursuant to the impugned
order, for a period of 15 days.
SD/(ASHOK S. KINAGI) JUDGE
RD
1 issue framed by the court
Whether the writ petition challenging a confirmation order under Section 248(3) of the BBMP Act is maintainable without exhausting the available appeal remedy.
2 provisions across 2 enactments
Natesh C
The State of Karnataka represented by its Secretary, Urban Development Department
The Commissioner, Bruhat Bengaluru Mahanagara Palike
The Assistant Executive Engineer, Hegganahalli Sub-Division, BBMP
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
