IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 870 OF 2026 (LB-BMP)

BETWEEN:

SRI BUDDA NAGENDRA REDDY S/O BUDDA NAGESHWARA REDDY, AGED ABOUT 32 YEARS, R/AT NO. 3/56, NEAR GURUJI S. UPPALA PADDU, SALEVARIUPPALAPADU, CUDDAPAH DISTRICT ANDHRA PRADESH - 516 431 …PETITIONER (BY SRI. SAMPATH A.,ADVOCATE)

AND:

1. CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, HUDSON CIRCLE, BENGALURU - 560 001.

Digitally signed by SHWETHA 2. ASSISTANT EXECUTIVE ENGINEER RAGHAVEN DRA BRUHAT BENGALURU MAHANAGARA PALIKE, Location: HIGH WHITEFIELD SUB-DIVISION, COURT OF MAHADEVAPURA ZONE, KARNATAKA BESIDE GOVERNMENT PLOYTECHNIC COLLEGE, HIMMADI HALLI, BENGALURU - 560 066

3. ASSISTANT EXECUTIVE ENGINEER BESCOM EAST SUB-DIVISION NO.4, WHITEFIELD, BENGALURU - 560 036 …RESPONDENTS (BY SRI.PAWAN KUMAR.,ADVOCATE FOR R-1 & R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE PROVISIONAL ORDER DATED 16/06/2025 PASSED UNDER SECTION 248(1) OF THE BBMP ACT, 2020 BY THE R2 VIDE ANNEXURE-C AND THE CONFIRMATION ORDER PASSED UNDER SECTION 248(3) OF THE BBMP ACT, 2020 DATED 1.7.2025 VIDE ANNEUXRE-E.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Sri Pawan Kumar, learned counsel accepts notice for Respondent Nos.1 and 2.

2. The petitioner is before this Court seeking for the following reliefs:

i) Issue a Writ in the nature of certiorari, quashing the Provisional Order dated 16-06- 2025 B.No.Bru.Bem.Ma.Paa/Sa.Kaa.Aa/vy. u.vi/18/2025-26, passed under Section 248(1) of the BBMP Act, 2020, by the Respondent No.2 vide Annexure-C.

ii) Issue a Writ in the nature of certiorari, quashing the Confirmation Order passed under Section 248(3) of the BBMP Act 2020 dated 01-07-2025 B.No.Bru.Bem.Ma.Paa/

Sa.Kaa.Aa/vy.u.vi/18/2025-26 by the Respondent No.2 vide Annexure-E.

iii) Issue Writ in the nature of Mandamus directing the Respondent no.3 to restore and provide power supply to schedule property.

iv) Pass such other order or further orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of Justice and Equity.

3. The contention of the learned counsel for the petitioner is that though the Greater Bengaluru Governance Act, 2024 came into force on 14.05.2025, the notice under sub- section (1) of Section-248 of the BBMP Act, 2020 has been issued on 16.06.2025, which could not have been so done since the said Act has stood repealed by the Greater Bengaluru Governance Act, 2024.

4. This issue has been dealt by this Court vis-a-vis the erstwhile Karnataka Municipal Corporation Act, 1976 (for short hereinafter referred to as 'KMC Act, 1976) and the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short hereinafter referred to as 'BBMP Act, 2020') in the case of Dr.N. Gnanamurthy and another -vs- The Commissioner and others¹ and this Court has categorically come to a conclusion that once the BBMP Act, 2020 has come into force, powers under sub-section (1) of Section 321 of the KMC Act, 1976 could not be resorted to. Similar would be the situation in the present matter. Once the Greater Bengaluru Governance Act, 2024 has come into force, the exercise of power under sub-section (1) of Section 248 of the BBMP Act, 2020 could not be resorted to.

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

O R D E R

i) The writ petition is allowed ii) A certiorari is issued, the provisional order dated

16.6.2025 passed under Section 248(1) of the BBMP Act, 2020 by the Respondent No.2 at Annexure-C and the confirmatory order dated 1.7.2025 passed by Respondent No.2 at Annexure-E, are quashed. W.P.NO.26789/2023(LB-BMP)

iii) Respondents would always be at liberty to issue fresh notices under the Greater Bengaluru Governance Act, 2024.

SD/-

(SURAJ GOVINDARAJ)

JUDG