2025 Supreme(Online)(Kar) 37240
THE HIGH COURT OF KARNATAKA
R. NATARAJ
HARISH RAVILLA – Appellant
Versus
THE CHIEF COMMISSIONER – Respondent
WP 35378/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 35378 OF 2025 (LB-BMP)
BETWEEN:
HARISH RAVILLA S/O RAVILLA VENKATATAH, AGED ABOUT 35 YEARS, R/A NO.19-14-37, RAGHAVENDRA NAGAR, 2ND CROSS, THIRUPATHI URBAN, CHITTOOR, AP-517501 ALSO, AT:
SITE NO.35, SURVEY NO.91, 2ND MAIN ROAD, WHITE ROSE LAYOUT, WARD NO.83, KADUGODI, WHITEFIELD, BANGALORE-560066 …PETITIONER (BY SRI. ROHAN S., ADVOCATE)
AND:
1. THE CHIEF COMMISSIONER Digitally signed by BBMP (NOW RENAMED AS G.B.A)
SUMA HAVING OFFICE AT:
Location:
N R SQUARE, BANGALORE-500001 HIGH COURT OF KARNATAKA 2. THE ZONAL COMMISSIONER, MAHADEVPURA ZONE, BBMP (NOW RENAMED AS G.B.A), HAVING OFFICE AT RHB COLONY, WHITEFIELD MAIN ROAD, BANGALORE -560048
3. THE ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB-DIVISION, BBMP (NOW RENAMED AS G.B.A)
BANGALORE-560048
4. THE BANGALORE ELECTRIC SUPPLY COMPANY LTD, (A STATE-OWNED COMPANY, REGISTERED UNDER THE COMPANIES ACT, 1956)
HAVING OFFICE AT K R CIRCLE, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, BANGALORE-560001 REPRESENTED BY IT'S MANAGING DIRECTOR 5. THE ASSISTANT EXECUTIVE ENGINEER, 4TH EAST SUB DIVISION, BESCOM, WHITEFIELD, BANGALORE-560066 …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENT NOS.1 TO 3;
SRI. H.V.DEVARAJU, ADVOCATE FOR RESPONDENT NOS.4 AND 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONFIRMATION ORDER DATED 01.07.2025 PASSED BY THE ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB DIVISION, BBMP, BENGALURU/RESPONDENT NO.3 UNDER SECTION 248(3) OF THE BBMP ACT, 2020 BEARING NO.BBMP/AEE/WSD/10/2024-25 VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of certiorari to quash the confirmation order bearing No.§È.¨ÉA.ªÀÄ.¥Á/¸À.PÁ.C/ªÉÊ.G«/10/2025-26 dated 01.07.2025 passed by the respondent No.3 under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (henceforth referred to as 'BBMP Act, 2020'). He has also sought to quash the notice bearing No.¸ÀPÁEA(«)/¸ÀEA(vÁ)/¥ÀÆ4/2025-26/2303 dated 21.07.2025 issued by respondent No.5.
2. (i) The petitioner claims to be the owner of the property bearing No.35, Old Khata No.1125/32 presently BBMP Khata No.1294/1203/1125/32 in Sy.Nos.19/1 and 91/1 situated at Pattandur Agrahara village, K.R. Puram Hobli, Bengaluru South Taluk, in a gated community named, "White Rose". He claims that after obtaining a plan from the competent authority, he has put up construction. However, the respondent No.3 without noticing the plan sanctioned had issued a notice under Sections 248(1) and 248(2) of the BBMP Act, 2020 and thereafter, followed it up by an order under Section 248(3) of the BBMP Act, 2020. He contends that the respondent Nos.4 and 5 have disconnected the electricity to the building constructed by the petitioner based on a communication by the respondent No.3.
(ii) The petitioner is therefore, before this Court challenging the confirmation order passed by the respondent No.3 and he has also prayed to quash the notice issued by respondent No.5.
3. The learned counsel for the petitioner contended that the respondent No.3 has proceeded on the assumption that the petitioner did not have a building plan sanctioned. He claims that the petitioner has a building plan duly sanctioned and therefore, the proceedings will have to be recommenced by the respondent No.3 in the light of the sanctioned plan produced by the petitioner. He submits that no useful purpose would be served by directing the petitioner to approach the Appellate Authority. He therefore, prays that the impugned confirmation order passed by the respondent No.3 be set at nought and the notice issued by the respondent No.5 be quashed and a direction be issued to the respondent Nos.4 and 5 to restore the electricity connection to the building construct