Karnataka High Court
WP/35944/2024 of MRS NASEEMA KHANUM Vs ZONAL COMMISSIONER on 31 December 2024
2024:KHC:53337 WP No. 35944 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35944 OF 2024 (LB-BMP) BETWEEN: MRS. NASEEMA KHANUM, W/O ALI JAAN MAHABOOB, AGED ABOUT 41 YEARS, RESIDING AT
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
NC: 2024:KHC:53337
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ -WRIT PETITION NO. 35944 OF 2024 (LBBMP)
BETWEEN:
MRS. NASEEMA KHANUM,
W/O ALI JAAN MAHABOOB, AGED ABOUT 41 YEARS, RESIDING AT NO.50, OLD BAMBOO BAZAR, MIR OBAIDULLA ROAD, SHIVAJINAGAR, BANGALORE, BENGALURU - 560 051.
…PETITIONER
(BY SRI. FAZIL AHMED, ADVOCATE)
AND:
ZONAL COMMISSIONER, EAST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, REPRESENTED BY ZONAL COMMISSIONER OFFICE EAST ZONE, 10TH FLOOR, SUBHASH CHANDRA BOSE BUILDING, M.G. ROAD, BANGALORE - 560 001.
…RESPONDENT
(BY SRI. PAWAN KUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH AND SET ASIDE THE ORDER DATED 20.12.2024 PASSED BY THE ZONAL COMMISSIONER-EAST ZONE, BBMP-BBMP
BEARING NO. VA.AA(PU)/CO/02/2024-25 UNDER 248(3) AND 356(1) OF BBMP ACT, MARKED AS ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. Sri Pawan Kumar, learned counsel accepts notice for the respondent.
2. What is challenged in the present proceeding is an order under sub-section (3) of Section 248 of the BBMP Act. The petitioner has an alternative and efficacious remedy for filing an appeal before the Chief Commissioner under Section 253 of the BBMP Act.
3. Reserving such liberty the above petition stands disposed of.
4. The submission of the learned counsel for the petitioner that such an appeal would be filed within fifteen days from today is placed on record. Needless to say until the said appeal is disposed, the respondents cannot take any coercive action against the petitioner. The petitioner is restrained from putting up any further construction and or alienating the property till the disposal of the proceedings before the Chief Commissioner.
5. With the above observation, the petition stands disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE
NG List No.: 2 Sl No.: 62 CT: BHK