IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.1870 OF 2017 (LB-BMP) BETWEEN:
M/s. Mamta Manor Flat Owners Association, Having its Office at No.51, Mamta Manor Complex, Frazer Town, Hains Road, Bengaluru-560 005, Represented by its Caretakers, Mr. Praveen Jain, Mr. Ashoke Bhandari, Mr. Subash Sanan. ... Petitioner (By Sri. Fayaz Sab.B.G., Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Department of Urban Development, Multi Storied Building, Bengaluru-560 001.
2. The Commissioner, Bruhat Bengaluru Mahanagara Palike, N.R.Square, Bengaluru-560 002.
3. The Assistant Executive Engineer, Bruhat Bengaluru Mahangara Palike, Pulikeshinagar Sub-Division, Ward No.78, Robertson Cross Road, Frazer Town, Bengaluru-560 048.
4. Sri. Subhash Sankla, Aged about 57 years, Residing at No.19/29/1, I Main, 1st Cross, Nandi Durga Road, Jayamahal Extension, Bengaluru-560 046. ...Respondents (By Sri. Anandeeshwar, HCGP for R1;
Sri. H.Devendrappa, Advocate for R2 & R3; R4 served but unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the entire records pertaining to the case of the petitioner and grant the following relief(s) and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner has sought for the following reliefs:
“1. TO, ISSUE A WRIT OF MANDAMUS, in the nature of direction, or Order, directing the Respondent Nos.2 & 3 to initiate appropriate action against the Fourth Respondent for demolition of illegal and unauthorized construction/alteration made in the residential complex in the interest of justice and equity.
2. TO, GRANT, such other relief or relief/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 case of the petitioner is that respondent No.4 herein, has illegally constructed the flats in property bearing No.51, situated at Hains road, Bengaluru. The petitioner has given a representation to respondent No.3-the Assistant Executive Engineer vide Annexure-A dated 18.06.2016 to take action in accordance with law. Pursuant to that representation, the Assistant Executive Engineer, Pulikeshinagar Sub- Division, Bengaluru has issued notice vide Annexure-D dated 20.09.2016 to respondent No.4, calling upon respondent No.4 to furnish necessary documents in respect of complaint filed by the petitioner, otherwise necessary action will be taken as per the Karnataka Municipal Corporations Act, 1976. Till today, the Corporation has not taken any action in accordance with law. Hence, the petitioner has approached this Hon’ble Court.
3. Learned counsel for the respondent- Corporation submits that if the petitioner gives a fresh representation enclosing all necessary documents, the Corporation will take necessary action in accordance with law.
4. In view of the above submission of the respondent-Corporation, the petitioner is permitted to file a fresh representation along with necessary documents. The respondent-Corporation is directed to consider the same in accordance with law within three months from the date of receipt of the representation.
With the above observation, the writ petition is disposed of.
Sd/-
JUDGE RB