R Vinodh Babu Vs the Chief Commissioner — Writ and Judicial Review | Karnataka HC (2026)

R Vinodh Babu Vs the Chief Commissioner — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to approach the Commissioner, Greater Bengaluru Authority under Section 250 of the Greater Bengaluru Governance Act, 2024; respondents directed not to precipitate the matter against the petitioners for six weeks (account of the interim order earlier enjoyed); and petitioners restrained from putting up any further construction on the property until the Appellate Authority passes an order.

Issue for consideration

Whether the writ petition challenging the impugned orders passed under Sections 248(1), (2) and (3) and 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 should be entertained, given that the petitioners have an appellate remedy before the Commissioner of Greater Bengaluru Authority under Section 250 of the Greater Bengaluru Governance Act, 2024.

Court's answer

The writ petition is disposed of, reserving liberty to the petitioners to approach the Commissioner, Greater Bengaluru Authority under Section 250 of the Greater Bengaluru Governance Act, 2024, the court accepting that such appellate remedy is available to them against the impugned orders.

Ratio / Principle

No opinion is expressed on the merits of the case; the Appellate Authority shall decide the case based upon the facts pleaded and taking into consideration the present prevailing law.

Detailed headnote1 paragraphs

Writ Petition No.1095 of 2026 (LB-BMP), High Court of Karnataka at Bengaluru (M.I. Arun, J.), decided 01-04-2026. Petitioners, against whom action had been initiated for construction in violation of building bye-laws and sanctioned plan and on a 'B' Khata property, had challenged an order dated 07/02/2025 (No.VAA.AA/RAARAANAVA/P.O./94/2024-25, Annexure-C) issued by the Zonal Commissioner, Rajarajeshwarinagara Zone, BBMP under Sections 248(1) and 248(2) of the BBMP Act 2020. Learned counsel for the Greater Bengaluru Authority submitted, uncontradicted, that the petitioners possess an appellate remedy before the Commissioner of Greater Bengaluru Authority under Section 250 of the Greater Bengaluru Governance Act, 2024. The Court disposed of the writ petition reserving liberty to the petitioners to pursue that remedy, expressly declining to express any opinion on merits and leaving the decision to the Appellate Authority on the facts pleaded and the prevailing law. Interim protection continued in limited form: respondents directed not to precipitate the matter for six weeks, and petitioners barred from further construction until the Appellate Authority decides. The petitioners' pending application for conversion of 'B' Khata to 'A' Khata remains to be considered by the authorities.

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NC: 2026:KHC:18021 WP No. 1095 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.1095 OF 2026 (LB-BMP)

BETWEEN:

R. VINODH BABU S/O N. RAMAMURTHY AGED ABOUT 47 YEARS,

SMT. N. BABITHA W/O R. VINODH BABU AGED ABOUT 40 YEARS,

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

BOTH ARE R/AT FLAT NO.9, RESIDENCY NO.10/2, 9^TH CROSS, B STREET, KAMAKYA LAYOUT, BSK 3RD STAGE, BANGALORE-560 085.

(BY SRI. SRINIVAS V., ADVOCATE)

AND:

…PETITIONERS

THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE, N.R.SQUARE, BANGALURU-560 002.

THE ZONAL COMMISSIONER RAJARAJESHWARINAGARA ZONE, 18^TH CROSS, IDEAL HOMES, RAJARAJESHWARI DIVISION,

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BBMP, BANGALORE-560 098.

…RESPONDENTS

(BY SMT. SINCHANA M.R., ADVOCATE)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07/02/2025 BEARING NO.VAA.AA/RAARAANAVA/P.O./94/2024-25 ISSUED BY THE RESPONDENT NO.2, UNDER SECTION 248(1) AND 248(2), OF THE BBMP ACT 2020, VIDE ANNEXURE-C TO THE WRIT PETITION, ETC.

THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

Action has been initiated against the petitioners for putting up construction in violation of the building bye-laws and sanctioned plan and also putting up construction on a 'B' Khata property.

It is submitted that during the course of this proceedings, the petitioners have made an application for change of 'B' Khata into 'A' Khata in respect of their

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property concerned and the same is yet to be considered

by the authorities.

Learned counsel for the Greater Bengaluru Authority submits that the petitioners have challenged the impugned orders passed under Sections 248(1), (2) and (3) and 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and presently the petitioners are having an appellate remedy before the Commissioner of Greater Bengaluru Authority under Section 250 of the Greater Bengaluru Governance Act, 2024 as against the impugned orders.

Petitioners are not in a position to contravene the aforementioned submission of the learned counsel for the

Greater Bengaluru Authority.

Hence, the following:

ORDER

(i) The writ petition is hereby disposed of reserving liberty to the petitioners to approach the Commissioner, Greater Bengaluru Authority

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under Section 250 of the Greater Bengaluru Governance Act, 2024;

(ii) It is hereby made clear that no opinion is expressed on the merits of the case and the Appellate Authority shall decide the case based upon the facts pleaded and taking into consideration the present prevailing law;

(iii) As the petitioners enjoyed the benefit of an interim order, the respondents are directed not to precipitate the matter against the petitioners for a period of six weeks from today;

(iv) Till an order is passed by the Appellate Authority, the petitioners shall not put up any further construction on the property.

Sd/(M.I.ARUN) JUDGE

hkh. List No.: 1 Sl No.: 51