IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.57927 OF 2018 (LB-BMP) PIL BETWEEN:
AMRUTHESH N P S/O LATE N.C.PUTTUSWAMY AGED 58 YEARS, ADVOCATE, NO.7, 1ST FLOOR, PARAKALMUTT BLDG TANK BUND ROAD, MAJESTIC, BANGALORE-560 009.
(BY SRI.KUMAR M N., ADVOCATE) AND:
1. COMMISSIONER, BBMP N.R.SQUARE, BANGALORE-560 002.
2. CHIEF ENGINEER, BBMP N.R.SQUARE, BANGALORE-560 002.
3. JOINT DIRECTOR, TOWN AND COUNTRY PLANNING, BBMP, N.R.SQUARE, BANGALORE-560 002.
4. DEPUTY REVENUE OFFICER BANGALORE SOUTH, BBMP, N.R.SQUARE, BANGALORE-560 002.
...PETITIONER 5. ASSISTANT REVENUE OFFICER, BBMP ATTACHED TO BASAVANAGUDI WARD NO.154, NEAR SSM SCHOOL, THYAGARAJANAGAR, BANGALORE-560 004.
6. ESTATE OFFICER 2ND FLOOR, BBMP BLDG. N.R.SQUARE, BANGALORE-560 002.
...RESPONDENTS (BY SRI.K N PUTTEGOWDA, ADVOCATE) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENTS TO TAKE IMMEDIATE APPROPRIATE AND EFFECTIVE STEPS TO RETRIEVE THE LAND MEASURING 24' X 106' GRABBED BY DEVELOPER IN COOPERATION WITH LAND OWNERS OF PROPERTIES BEARING NO.53, 53/1, NO.1/2 AND 4 COMPRISED WITHIN THE FORMER PROPERTY BEARING NO.27 LATER CHANGED TO NO.53 AND THEN SUB DIVIDED TO ABOVE PROPERTY NUMBERS SITUATED ADJOINING K.R. ROAD IN THE EAST, POLICE STATION ROAD ON NORTH AND PRIVATE PROPERTIES ON SOUTH AND WEST, HAVING ACCESS FROM THE K.R. ROAD, POLICE STATION ROAD AND MARKET ROAD, BASAVANAGUDI, WARD NO.154, DIVISION NO.29, BANGALORE CITY AND TO DECLINE LICENSE AND PLAN TO CONSTRUCT CONDOMINIUM OF 90 AND ODD APARTMENTS ON THE AREAS EARMARKED AND BELONGING TO BBMP AS PRIVATE ROAD.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner has filed this writ petition as a public interest litigant inter alia praying for a writ of mandamus to the respondents to take appropriate and effective steps to retrieve land measuring 24' x 106' in properties bearing No.53, 53/1, No.1/2 and 4 comprised within the formerly property bearing No.27 later changed to No.53 situated in adjoining K.R. Road, Basavanagudi, Ward No.154, Division No.29, Bangalore City.
3. Shri M.N.Kumar, learned advocate for the petitioner submits that an area measuring 24’ X 106’ was in fact surrendered to Bangalore City Corporation. The said pathway is now being added along with abutting properties among the family members and they have sought for amalgamation of khata.
4. In substance, grievance of petitioner that land measuring 24’ X 106’ allegedly surrendered in favour of Bangalore City Corporation is now being appropriated by the original owners.
5. Shri K.N.Puttegowda, learned standing counsel for respondents-BBMP on instructions from Shri B.Suresh, Assistant Revenue Officer of BBMP, who is present in the Court, submits that the pathway was internal pathway between the properties owned among the family members. All the family members together have now made an application to amalgamate the properties and sought for clubbing of khata. He categorically submits that BBMP does not have any right over the properties.
6. In the circumstances, we find no public interest in this petition. Hence, this petition fails and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR