IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No. 23111 OF 2019(LB-BMP) BETWEEN:
Smt. Lalitha Aged about 65 years, W/o U.P.Srinivasegowda, Occ:Home Maker, R/at No.1001, 17th Main Road, 26th Cross, H.S.R. Layout, Bengaluru-560 102. … Petitioner (By Sri.B.S.Nagaraj, Advocate) AND:
1. The Commissioner Bruhath Bengaluru Mahanagara Palike, Hudson Circle, N.R.Square, J.C.Road, Bengaluru-560 002.
2. The Assistant Executive Engineer Kengeri Sub-Division, Bruhath Bengaluru Mahanagara Palike, Bengaluru-560 064. ... Respondents (By Sri.K.V.Mohan Kumar, Advocate) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the R-1 the Commissioner, BBMP and R-2 the Assistant Executive Engineer to consider the petitioner’s application dated:29.03.2019, made to the R-2 and application dated:09.04.2019, made to the R-1 copies submitted at Annexure-A & B respectively.
This writ petition, coming on for preliminary hearing in ‘B’ Group, this day, the Court, made the following:
ORDER In this writ petition, the petitioner has sought the following reliefs:
“i. Issue a Writ in the nature of Mandamus, directing the Respondent No.1 the Commissioner, B.B.M.P. and Respondent No.2, The Assistant executive Engineer, B.B.M.P. and Respondent No.2, The Assistant executive Engineer to consider the Petitioner’s Application dated: 29.03.2019, made to the Respondent No.2, and application dated:09.04.2019, made to the Respondent No.1. Copies submitted at Annexure-A and B respectively.
ii. Pass such other order/s as this Hon’ble Court deems fit to grant under the circumstances of the case, in the interest of Justice and Equity.”
2. The only contention raised by the petitioner is that she has given representations vide Annexures-A and B pointing out that the neighbour of the petitioner who is the owner of site No.67 is constructing a residential house contrary to the building plan. Since the respondent has not considered the representation, she has approached this Court.
3. Sri K.V.Mohan Kumar, the learned counsel appearing for the respondent Corporation has submitted that pursuant to the representations submitted by the petitioner the Corporation has already initiated the proceedings under Section 321(1) of the Karnataka Municipal Corporations Act, 1976 on 14.08.2019 and Corporation will take action in accordance with law.
4. In view of the above, the writ petition does not survive for consideration. Accordingly, writ petition stands disposed of.
Sd/- JUDGE Cm/-