IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.28382/2019 (LB-BMP) BETWEEN:
Mr.Ayazuddin Ahmed, S/o Mohammed Peer, Aged about 62 years, Residing at No.944/2, 1st ‘A’ Cross, Kanakanagara, Sulthan Palya, R.T.Nagar Post, Bengaluru – 560032. …Petitioner (By Sri.Hosamani Shakeel Ahmed Meeransab, Advocate) AND:
1. The Commissioner, Bruhat Bengaluru Mahanagara Palike, Hudson Circle, Bengaluru.
2. The Executive Engineer, Ward No.22, BBMP, Bengaluru.
3. Sri.K.Harish, S/o H.Krishnappa, Aged about 39 years.
4. Sri.K.Raja, S/o H.Krishnappa, Aged about 37 years.
Both are R/at:No.105, 1st A Cross, Kanakanagara, R.T.Nagar Post, Bengaluru – 560032. ...Respondents (By Sri.K.V.Mohan Kumar, Advocate for R1 and R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records ando direct the R-1 and 2 to consider the representations made by the petitioner made on 18.05.2019 and 21.05.2019 as per Annexure-F and G.
This Petition coming on for Orders this day, the Court made the following:
O R D E R The petitioner has challenged the inaction of respondent Nos.1 and 2 as regards his complaint at Annexure-G dated 21.05.2019 regarding illegal construction by respondent Nos.3 and 4.
2. It is stated that due to inaction of the respondent authorities present petition has been filed.
3. Learned counsel appearing for the respondent – BBMP upon notice submits that taking note of the complaint, the provisional order under Section 321(1) of the Karnataka Municipal Corporations Act, 1976, has been passed and subsequently even prior to filing of the petition on 12.06.2019 order has been passed under Section 321(3) of the Act calling upon the respondents to remove the illegal construction.
4. It is submitted that as the order under Section 321(3) of the Act is valid and has not been challenged necessary proceedings under Section 462 of the Act for demolition would be initiated within a period of 4 weeks from the date of receipt of certified copy of the order.
5. It is further undertaken that action will be taken pursuant to the order under Section 321(3) of the Act and pursued to the logical ends as long as there is no legal impediment that would come in the way of respondent No.3 taking action. In light of the said undertaking, petition is disposed off as not requiring any further orders.
6. In light of the petition being disposed of without any order being passed to the prejudice of respondent Nos.3 and 4, the petition is disposed of without waiting for service of notice for respondent Nos.3 and 4.
Accordingly, petition is disposed off subject to the above observations.
Sd/- JUDGE NS