IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR WRIT PETITION NO.23560 OF 2019 (LB-RES) BETWEEN:
M V SRINIVAS MURTHY, S/O LATE VENKATARAMAIAH, AGED ABOUT 65 YEARS, R/AT HIGH SCHOOL CIRCLE ROAD, MADHUGIRI TOWN, TUMKUR DISTRICT, KARNATAKA-572132.
REP BY HIS SON AND SPA HOLDER, MS SATHYANARAYANA. … PETITIONER (BY SRI T SESHAGIRI RAO, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 003.
2. THE CHIEF OFFICER, MADHUGIRI MUNICIPALITY, MADHUGIRI TOWN, TUMKUR DISTRICT, KARNATAKA-572132.
3. NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS EXECUTIVE ENGINEER, TUMKUR DISTRICT.
4. M.G. SRINIVASMURTHY, S/O LATE GUNDAPPA, AGED ABOUT 60 YEARS, R/A NRUPATHUNGA CIRCLE ROAD, MADHUGIRI TOWN, TUMKUR DISTRICT, KARNATAKA-572132.
5. SMT. SOWBHAGYA, W/O M.G. SRINIVASMURTHY, AGED ABOUT 60 YEARS, R/AT NRUPATHUNGA CIRCLE ROAD, MADHUGIRI TOWN, TUMKUR DISTRICT, KARNATAKA-572132. ... RESPONDENTS (BY SRI M.A.SUBRAMANI, HCGP FOR R1, SMT. SHILPA SHAH FOR R3, R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION IS AS FOUND AT ANNX-A; DIRECT THE R-2 AND 3, TO BRING THE CONSTRUCTION OF THE R-4 AND 5 IN COMPLIANCE AND CONFORMANCE WITH ANNX- C1-C3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The Instant writ petition is filed praying for issuance of writ of mandamus or any other writ or direction, directing the respondent Nos.2 and 3 to consider the petitioner’s representation vide Annexure-A to the writ petition and for a further mandamus to the respondent Nos.2 and 3 to initiate action in accordance with law and thereby ensure that the construction put up by respondent Nos.4 and 5 is in compliance and conformity with Annexures-C1 to C3.
02. It is the case of the petitioner that respondent Nos.4 and 5 have commenced illegal construction within the schedule B property and as the construction was being progressed without obtaining the sanction plan, the petitioner made a representation to the respondents on 11.02.2019. The respondent No.2 has issued a notice to the respondent Nos.4 and 5 on 24.05.2019 calling upon them to stop the illegal construction. That respondent Nos.4 and 5 in collusion with certain officials of the Municipality, has continued the construction at a rapid pace. With these allegations, the petitioner is before this Court seeking for the issuance of a writ of mandamus.
03. There is no dispute with regard to the fact that a representation has been made vide Annexure-A and the same is acknowledged. The acknowledgement - seal of the Town Municipality is dated 11.02.2019. In that view of the matter, there was a duty cast upon the respondents to consider and dispose of the same in accordance with law. The petitioner’s allegations are that the construction by respondent Nos.4 and 5 is progressing at a rapid pace in collusion with certain officials and this is despite the notice from the respondent No.2 authority.
04. In that view of the matter, this Court is of the opinion that the petitioner has made out a case for issuance of a writ of mandamus in the nature sought for. Accordingly, the writ petition is disposed of with a direction to the respondent Nos.1 to 3 to initiate immediate action in accordance with law and to ensure that the construction being made by respondent Nos.4 and 5 is in consonance with the building bye-laws and in the event, no plan has been sanctioned, then respondent Nos.1 to 3 shall initiate immediate action and further stop the construction and shall expedite the process of action in accordance with law within an outer limit of four months from the date of receipt of the certified copy of the order.
05. The writ petition stands accordingly disposed of.
No order as to costs.
Sd/- JUDGE SJ