IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 10TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.6445 OF 2017 (LB-BMP) BETWEEN:
SMT. M.D. ASHA DAUGHTER OF C.K. DASAPPA, AGED ABOUT 34 YEARS, RESIDING AT NO.216/1-1, BALAJI ROAD, II BLOCK, THYAGARAJANAGAR, BENGALURU-560 028.
(BY SRI VIJAYA KUMAR K., ADVOCATE) AND:
1. THE COMMISSIONER ... APPELLANT BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 001.
2. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, KENGERI SUB-DIVISION, KENGERI, BENGALURU-560 060.
3. SMT. R. MAMATHA WIFE OF SRI NAGESH, AGED ABOUT 32 YEARS RESIDING AT NO.1997, 6TH B CROSS, 1ST B MAIN, KENGERI SATELLITE TOWN, BENGALURU-560 060.
... RESPONDENTS (BY SRI V. SREENIDHI, ADVOCATE FOR R-1 AND R-2; SRI SHANMUKHAPPA, ADVOCATE FOR M/S. KESVY AND COMPANY FOR R-3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 25.10.2017 PASSED IN WRIT PETITION NO.45772 OF 2017 (LB-BMP).
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by learned Single Judge in writ petition No.45772 of 2017 dated 25-10-2017 relegating the petitioner to the Civil Court, the petitioner has filed this appeal.
2. The learned counsel for the appellant submits representations have been made to the respondent - Corporation alleging violations of construction by the 3rd respondent therein but the learned Single Judge relegated the petitioner to the Civil Court. Hence, this appeal.
3. The learned counsel for the respondent submits that the appellant has already filed a suit for injunction and therefore no interference is called for.
4. However, on hearing learned counsels, we are of the view that appropriate interference is called for. The question of violation or otherwise of the construction by the 3rd respondent is a matter to be determined by the respondent - Corporation. It is for them to measure the properties and ascertain whether there is deviation with the plan sanction or not. Hence, the order of the learned Single Judge dated 25-10-2017 in writ petition No.45772 of 2017 is set aside. The respondent – Corporation is directed to consider the representation of the appellant and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order.
Writ Appeal is disposed off accordingly.
Sd/- Sd/-
JUDGE JUDGE rsk/-