IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.55952 – 55961/2018 (LB – BMP) BETWEEN:
1. Mrs. POONAM A.K. VACHANI W/O Mr. ANAND KISHORE P. VACHHANI AGED ABOUT 60 YEARS R/AT No.1, 1ST FLOOR 1ST MAIN ROAD, NEHRUNAGAR BANGALORE-560020.
2. Mr. VENUGOPAL KOKA S/O Mr. K.KRISHNA MOHAN RAO AGED ABOUT 62 YEARS R/AT No.D-501, ADARSH GARDENS 8TH BLOCK, JAYANAGAR BANGALORE-560070.
3. Mr. MUNAVAR YUNUS JALIWALA S/O Mr. YUNUS SATTAR JALIWALA AGED ABOUT 45 YEARS.
4. Mr. FAIZAL YUNUS JALIWALA S/O Mr. YUNUS SATTAR JALIWALA AGED ABOUT 43 YEARS.
3 & 4 ARE PRESENTLY R/AT No.C-505, MANTRI GREENS SAMPIGE ROAD, MALLESHWARAM BANGALORE-560003 5. MR. KHUZEMA SHAKIR S/O Mr. HATIMBHAI SHAKIR AGED ABOUT 47 YEARS.
6. Mrs. RASHEEDA SHAKIR W/O Mr. ABIZAR SHAKIR AGED ABOUT 47 YEARS.
7. Mrs. UMAIMA SHAKIR W/O Mr. KHUSEMA SHAKIR AGED ABOUT 45 YEARS 8. Mr. ADNAN SHAKIR S/O Mr. ABIZAR SHAKIR AGED ABOUT 42 YEARS.
5 TO 8 ARE REPRESENTED BY AUTHORIZED SIGNATORY AND THEIR POWER OF ATTORNEY HOLDER.
9. Mr. ABIZAR SHAKIR S/O Mr. HATIMBHAI SHAKIR AGED ABOUT 55 YEARS 10. Mr. YUSUF ABBAS SHAHPURWALA S/O Mr. ABBHAS SHAHPURWALA AGED ABOUT 42 YEARS.
5 TO 10 ARE R/AT No.40/1A WELLINGTON STREET RICHMOND TOWN BANGALORE-560025. ... PETITIONERS [BY SMT RENUKAR.H.R., ADV. FOR SRI P.B.RAJU, ADV.] AND:
1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIDHAN SOUDHA, VIDHANA VEEDHI BANGALORE-560001.
2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE CORPORATIONS BUILDINGS HUDSON CIRCLE BANGALORE-560002.
3. THE HEALTH OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE BTM, WARD OFFICE, 16TH MAIN ROAD OPP. CHAMUNDESHWARI TEMPLE BTM 2ND STAGE, BANGALORE-560076.
4. THE JOINT COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE 2ND BLOCK, 9TH CROSS, JAYANAGAR BANGALORE-560011. …RESPONDENTS [BY SRI A.K.VASANTH, AGA. FOR R-1;
SRI T.M.VENKATAREDDY, ADV. FOR R-2 & R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 09.08.2018 ISSUED BY THE R-3 WHICH IS PRODUCED AT ANNEXURE-A; DIRECT THE RESPONDENTS NOT TO TAKE ANY ACTION AGAINST THE PETITIOENRS IN RESPECT OF THE SCHEDULE PREMISES AS THE ZONING REGULATIONS CDP 2015 IS NOT APPLICABLE TO THE PETITIOENRS COMMERCIAL BUILDING CONSTRUCTED AS PER SANCTION PLAN ISSUED BY THE BBMP; AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent No.1.
2 Learned counsel Sri.T.M.Venkata Reddy accepts notice for respondent Nos.2 and 3.
3 The petitioners have challenged the notice dated 09.08.2018 issued by the respondent No.3, inter alia seeking a direction to the respondents not to take any action against the petitioners in respect of the premises in question.
4 The petitioners are claiming to be the absolute owners of the Property Nos.692 and 693, situated in 3rd Block, Koramangala, Bengaluru. It is the grievance of the petitioners that the respondent No.3 has issued the notice at Annexure-A at the behest of the alleged complaints made by the third parties who are enemical to the petitioners. It is contended that the premises in question is constructed in compliance with the Rules and By-laws of the BBMP and there is no valid ground for the respondent Nos.2 and 3 to interfere with the peaceful possession of the premises in question by the petitioners. It is further submitted that the reply/objections dated 16.08.2018 has been submitted by the petitioners to the impugned notice.
5 The petition is premature. In the circumstances, more particularly, the reply/objections having been filed by the petitioners to the notice impugned dated 09.08.2018, it is for the respondent No.
3 to take a decision considering the reply/objections filed by the petitioners in accordance with law. Such a decision shall be taken by the respondent No.3 after providing an opportunity of hearing to the petitioners.
The petitioners shall appear before the respondent No.3 on 30.01.2019 without expecting any notice.
Respondent No.3 shall take a decision after hearing the petitioners, in an expedite manner.
Writ petitions stand disposed of accordingly.
NC.
Sd/- JUDGE