1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION No.2143/2016 (LB – BMP) BETWEEN PROF. M.S.NAGARAJA S/O M.M.SHIVAPPA AGED ABOUT 73 YEARS R/AT NO.22, ‘IBHAVAKTHA’ NILAYA 4TH MAIN, VIDHYAGIRI LAYOUT NAGARABHAVI 1ST STAGE BENGALURU-560072. … PETITIONER (BY SRI.GANGADHAR, ADVOCATE) AND 1. THE COMMISSIONER BHRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE BANGALORE-560001.
2. THE EXECUTIVE ENGINEER BHRUHAT BANGALORE MAHANAGARA PALIKE CHANDRA LAYOUT SUB-DIVISION WARD NO.128, 4TH MAIN ROAD M.C.LAYOUT, VIJAYANAGARA BANGALORE-560040.
3. THE ASSISTANT EXECUTIVE ENGINEER BHRUHAT BANGALORE MAHANAGARA PALIKE CHANDRA LAYOUT SUB-DIVISION WARD NO.128, 4TH MAIN ROAD M.C.LAYOUT, VIJAYANAGARA BANGALORE-560040. … RESPONDENTS (BY SRI. S.N.PRASHANTH CHANDRA, ADV. FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 11.11.2015 VIDE ANNEXURE-A TO INITIATE PROCEEDINGS AGAINST THE PROPERTY OWNERS BEARING NO.PID NO, 39-192-21/1 AND PID NO.39-192-21, 4TH MAIN, VIDHYAGIRI LAYOUT, NAGARBHAVI 1ST STAGE, BANGALORE-72 AS PER THE ORDER DATED 17.07.2015 PASSED BY THE HON’BLE KARNATAKA APPELLATE TRIBUNAL’S VIDE ANNEXURE-H & J.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Gangadhar, Adv. for Petitioner Mr. S.N.Prashanth Chandra, Adv. for R-1 to R-3.
1. The petitioner Prof. M.S.Nagaraja has filed this petition in this Court with the following prayers:
“PRAYER WHEREFORE, the petitioner most respectfully prays that, this Hon’ble Court be pleased to:
a) Issue writ of mandamus or any other writ or order to the respondents to consider the representation 11.11.2015 produced at Annexure ‘A’ to initiate proceedings against the property owners bearing No. PID No. 39-192-21/1 and PID No.39-192-21, 4thMain, Vidhyagiri Layout, Nagarbhavi 1st Stage,Bangalore-72 as per the order dated 17.07.2015 passed by the Hon’ble Karnataka Appellate Tribunal, produced at ANNEXURES: “H” & “J”.
b) To grant any appropriate writ or direction/s as this Hon’ble Court deems fit and proper to grant in the circumstances of the case and allow this petition in the interest of justice and equity.”
2. The affected party, whose alleged illegal construction, petitioner is challenging has not even been arrayed as a respondent in the petition.
3. Learned counsel for the petitioner has informed the Court that today the learned counsel for the respondent – BBMP has given him certain documents of initiating certain action against that persons viz., Mr.Hiralal N. Patel and Mr.M.Mothilal K. Patel.
4. Thus, the action initiated by the respondent – BBMP in effect satisfies the prayer made in the petition.
5. If the petitioner is still aggrieved in the matter, the remedy open and available to the petitioner in such cases would be to file Civil Suit in the matter, as the question of facts for establishing the deviations of the alleged construction, is required to be established with the help of relevant evidence in a civil court and the extraordinary jurisdiction under Article 226 of the Constitution of India cannot be invoked in such cases.
The petition is accordingly disposed of. No costs.
Sd/-
JUDGE KGR (Sl.No.42)