1/2 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION No. 45724/2017 (LB-BMP) BETWEEN M RAMAIAH S/O LATE ARASAPPA AGED ABOUT 90 YEARS NO.28, SRI ANJANEYA TEMPLE ROAD MALLASANDRA, T.DASARAHALLI POST BENGALURU – 560 057 (BY SRI PAVAN KUMAR Y.N., ADVOCATE) AND 1. MUNIVENKATAPPA S/O CHIKKAVENKATASWAMAPPA AGED ABOUT 60 YEARS NO.E-26, MALLASANDRA T.DASARAHALLI POST BENGALURU – 560 057 2. YOGISH KUMAR S/O MUNIVENKATAPPA AGED ABOUT 34 YEARS NO.E-26, MALLASANDRA T.DASARAHALLI POST BENGALURU – 560 057 3. ASST. EXECUTIVE ENGINEER BBMP, DASARAHALLI ZONE BENGALURU ...PETITIONER ...RESPONDENTS (BY SRI T.M. VENKATA REDDY, ADVOCATE FOR R3) Date of order : 25.10.2017 in W.P No.45724/2017 M. Ramaiah vs. Munivenkatappa and others.
2/2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AT ANNEXURES – D AND F AND TAKE APPROPRIATE ACTION BY CONDUCTING PROPER ENQUIRY AGAINST R-2 BY REMOVING THE ILLEGAL STRUCTURE BUILT ON THE GOVT. PASSAGE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Pavan Kumar Y.N., Adv. for petitioner. Mr. T.M. Venkata Reddy, Adv. for R3.
1. In view of the pendency of O.S. No.4886/2017, the present petition is not maintainable. The petitioner is relegated to pursue his remedy in the said suit before the Trial Court, if necessary, by impleading the Bruhat Bangalore Mahanagara Palike (BBMP) also as a party- defendant in the said case.
2. The petition is accordingly disposed of, with the aforesaid observation.
Sd/- JUDGE mv Sl.No.43.