Sri H G Basavaraju Vs the Chief Commissioner

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NC: 2025:KHC:27029 WP No. 21482 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21482 OF 2025 (LB-BMP)

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BETWEEN:

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SRI. H.G. BASAVARAJU S/O. LATE. SRI. G. GANGAIAH AGED ABOUT 45 YEARS RESIDING AT NO. 4, 'SWATHI NILAYA' 2ND MAIN, 2ND ROAD CHANDRASHEKAR LAYOUT SRIGANDADAKAVALU BENGALURU-560 091.

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…PETITIONER

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(BY SRI. DEVARAJU .H.V, ADVOCATE)

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AND:

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THE CHIEF COMMISSIONER

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

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BRUHATH BENGALURU MAHANAGARA PALIKE

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HUDSON CIRCLE BENGALURU-560 002.

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THE ZONAL COMMISSIONER RAJARAJESHWARI NAGAR ZONE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) IDEAL HOMES, 18TH CROSS BANGALORE-560 098.

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THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) RAJARAJESHWARI SUB-DIVISION

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NC: 2025:KHC:27029 WP No. 21482 of 2025

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HC-KAR

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NEHARU ROAD NEAR SWAMI VIVEKANANDA PARK BEML 3RD STAGE, RAJARAJESHWARI NAGAR BENGALURU-560 098.

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…RESPONDENTS

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(BY SRI. PAWAN KUMAR, ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE CONNECTED RECORDS RELATING TO CONFIRMATION ORDER BEARING NO. Z.C./RRNZ/PO/17/2025-26, DATED 06/05/2025, PASSED BY THE 2ND RESPONDENT UNDER SECTION 248 (3) AND 356 (1) OF THE BBMP ACT, 2020 AS PER ANNEXURE-Q AND TO QUASH THE PROVISIONAL ORDER, DATED 06/02/2025 BEARING NO. Z.C/RRNZ/PO/81/2024-25 UNDER SECTION 248(1) AT ANNEXURE-K, THE ORDER DATED 06/02/2025 BEARING NO. Z.C/RRNZ/PO/82/2024-25 UNDER SECTION 248 (2) AT ANNEXURE-L AND CONFIRMATION ORDER BEARING NO. Z.C./RRNZ/PO/17/2025-26, 06/05/2025, PASSED BY THE 2ND RESPONDENT UNDER SECTION 248 (3) AND 356 (1) OF THE BRUHATH BENGALURU MAHANAGARA PALIKE ACT, 2020 AT ANNEXURE-Q BY THE 2ND RESPONDENT IS IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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NC: 2025:KHC:27029 WP No. 21482 of 2025

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HC-KAR

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ORAL ORDER

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Petitioner herein assailing the confirmation order

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passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 has availed the remedy of an appeal before the respondent No.1/appellate authority by filing an appeal under Section 253 of the BBMP Act.

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It is brought to the notice of this Court that the petitioner has availed the statutory remedy by filing an appeal before the Appellate Authority as contemplated under the provisions of the BBMP Act. The said appeal is pending consideration, and as part of the appeal proceedings, the petitioner has also filed an application seeking interim relief on 14.07.2025. However, despite

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the lapse of a reasonable period, the said interim application is yet to be taken up for consideration by the Appellate Authority. In the meantime, the petitioner apprehend that the respondents may proceed to implement the confirmation order passed under Section

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NC: 2025:KHC:27029 WP No. 21482 of 2025

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HC-KAR

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248(3) of the BBMP Act, which entails demolition of a residential building.

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Faced with the imminent threat of coercive

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action and in the absence of any protection from the Appellate Authority, the petitioner has been compelled to approach this Court invoking its extraordinary writ jurisdiction under Article 226 of the Constitution of India.

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Having regard to the fact that a statutory appeal is pending consideration and more importantly, that the interim relief application filed therein remains undecided, this Court is of the considered view that the petitioner is entitled to a limited protection against coercive action, at least until such time the interim prayer is decided on its own merits by the Appellate Authority. This is particularly warranted in view of the nature of the confirmation order which, if implemented, would result in the demolition of the petitioner's residential building, causing irreparable injury.

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5 - NC: 2025:KHC:27029 WP No. 21482 of 2025

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HC-KAR

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The learned counsel appearing for the

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respondents/BBMP submits, on instructions, that the respondents do not intend to precipitate the matter or enforce the confirmation order until such time the Appellate Authority considers and decides the petitioner's pending interim application in accordance with law.

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Recording the said statement made on behalf of

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the respondents, the writ petition stands disposed of with a direction that the respondents shall not take any steps to implement the confirmation order passed under Section 248(3) of the BBMP Act, 2020, until the interim application filed by the petitioner on 14.07.2025 in the pending statutory appeal is duly considered and disposed of by the Appellate Authority in accordance with law.

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Sd/-

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(SACHIN SHANKAR MAGADUM) JUDGE

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CA

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List No.: 2 Sl No.: 2

Sri H G Basavaraju v. the Chief Commissioner

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Sri H G Basavaraju v. the Chief Commissioner

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