Sri Shailesh Kumar Vs Greater Bengaluru Authority (Gba)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BBMP AUTHORITIES, THEIR OFFICERS, AGENTS, AND SUBORDINATES TO NOT PRECIPITATE, ISSUE FURTHER THREATS, OR TAKE ANY COERCIVE ACTION, INCLUDING DEMOLITION, AGAINST THE SCHEDULE PROPERTY UNTIL THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE BBMP / GBA CHIEF COMMISSIONER (RESPONDENT NO. 1) UNDER SECTION 253 OF THE BBMP ACT, 2020 APPEAL NO.273/2025 (ANNEXURE 'A TO A2'), IS TAKEN UP FOR ADMISSION AND DISPOSED OF IN ACCORDANCE WITH LAW.

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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 SURAJ GOVINDARAJ

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ORAL ORDER

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1. The Petitioner is before this Court seeking for the

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following reliefs:

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A. Issue a Writ of Mandamus or any other appropriate Writ, directing the Respondent BBMP Authorities, their officers, agents, and subordinates to not precipitate, issue further threats, or take any coercive action, including demolition, against the Schedule Property until the statutory appeal filed

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3 - NC: 2026:KHC:6594 WP No. 39565 of 2025

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HC-KAR

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by the Petitioner before the BBMP / GBA Chief Commissioner (Respondent No. 1) under Section 253 of the BBMP Act, 2020 Appeal No.273/2025 Annexure 'A to A2' is taken up for admission and disposed of in accordance with law. In so far as petitioner concerned.

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B. Pass such other orders as this Hon'ble Court deems fit in the interest of justice and equity.

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An affidavit of the Chief Commissioner of the Greater Bengaluru Authority has been filed.

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A perusal of the said affidavit indicates that it is now the Chief Commissioner of the Greater Bengaluru Authority who will be the appellate authority for all the Regional Corporations insofar as proceedings under Section 253 of the erstwhile BBMP Act is concerned, now under Section 250 of the Greater Bengaluru Governance Act, 2024 (for short, ‘GBGA’).

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In the affidavit, it is stated that the appeals are listed once a week so as to make it convenient for the parties, advocates and the concerned officers to attend to those proceedings and sometimes there is a delay in disposal of the proceedings since records

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4 -

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NC: 2026:KHC:6594 WP No. 39565 of 2025

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HC-KAR

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from the concerned officers, service of notice on parties etc. is required to be made. The said submissions are taken on record.

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Insofar as receipt of records are concerned, the records being internal records of the BBMP, it is required that the Special Commissioner (IT) of the BBMP to implement a system such that once an appeal is filed, all the documents pertaining to that particular file are electronically sourced from their respective departments without requirement of physical sourcing of such documents so as to enable the early disposal of the proceedings. If possible, a paperless system for filing and disposal of the appeals could also be established such that all documents are sourced by using APIs or the like more so when all the documents are available in the database of the GBA itself.

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5 -

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NC: 2026:KHC:6594 WP No. 39565 of 2025

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HC-KAR

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Insofar as the case of the petitioner is concerned, it

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is submitted that the matter was taken up for hearing on 31.1.2026. However, the counsel for the petitioner submits that no interim order was granted on that date.

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In that view of the matter, I pass the following:

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ORDER

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i) The Writ petition is partly allowed .

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ii) Respondent no.1 is directed to consider the appeal filed by the petitioner in Appeal No.273/2025 and pass necessary orders thereon after hearing all the concerned after following the due procedure.

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iii) Until the disposal of Appeal No.273/2025, the respondents are restrained from taking any coercive steps against the petitioner.

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iv) Though the petition is disposed for the Special Commissioner (IT) to file its compliance with the above directions, relist on 25.03.2026 .

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SD/(SURAJ GOVINDARAJ) JUDGE

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PRS / List No.: 1 Sl No.: 55

Sri Shailesh Kumar v. Greater Bengaluru Authority (Gba)

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Sri Shailesh Kumar v. Greater Bengaluru Authority (Gba)

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