IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.2762 OF 2019 (LB-BMP) BETWEEN :
R A NAGENDRANATH SON OF LATE R S AMARENDRANATH AGE 61 YEARS, RESIDING AT FLAT NO.101 SAI RK RESIDENCY RAMANJANEYA LAYOUT KODICHIKKANAHALLI BENGALURU-560068 BENGALURU URBAN DISTRICT. ... PETITIONER (BY SRI SUMANTH L. BHARADWAJ, ADVOCATE) AND :
1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER HUDSON CIRCLE, N R SQUARE BENGALURU-560002 BENGALURU URBAN DISTRICT 2. THE EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI SUB - DIVISION BEGUR ROAD, BOMMANAHALLI BENGALURU SOUTH TALUK BENGALURU-560068 BENGALURU URBAN DISTRICT 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI SUB-DIVISION BEGUR ROAD, BOMMANAHALLI BENGALURU SOUTH TALUK BENGALURU-560068 BENGALURU URBAN DISTRICT 4. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI SUB-DIVISION BEGUR ROAD, BOMMANAHALLI BENGALURU SOUTH TALUK BENGALURU-560068 BENGALURU URBAN DISTRICT 5. SRI R SHARAVANA SON OF LATE RAMASWAMY AGED ABOUT 31 YEARS, RESIDING AT NO.38, 3RD CROSS L G FOOD ROAD CHOCOLATE FACTORY TAVAREKERE, BENGALURU-560029 BENGALURU URBAN DISTRICT. ... RESPONDENTS (BY SRI AMIT DESHPANDE, ADVOCATE FOR R1-R4;
SMT. SUNITHA M. ADVOCATE OF S.M. ADVOCATES FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN RESPECT OF PROPERTY BEARING SITE NO.8 FORMED IN SY.NO.31/2D OF KODI CHIKKANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, HAVING BBMP KATHA NO.160/124/126/105/31/2B AND 2D/8, MEASURING EAST TO WEST 54 FT AND NORTH TO SOUTH 20 FT, TOTALLY MEASURING 1080 SQ FT FROM THE FILE OF THE R-1 TO 4; TO DIRECT RESPONDENTS NO.1 TO 4 TO CONDUCT A SPOT INSPECTION AND TAKE NECESSARY LEGAL ACTION AS PER SECTION 321 OF KARNATAKA MUNICIPAL CORPORATIONS ACT 1976, AGAINST THE R-5 FOR THEIR UNAUTHORIZED CONSTRUCTION OF THE BUILDING WITHOUT LEAVING SET BACK TOWARDS THE PETITIONER'S PROPERTY (TOWARDS SOUTHERN SIDE OF THE PETITIONER'S PROPERTY) AS COMPLAINED IN THE ANNEXURE-C, DATED: 27.11.2018 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER The petitioner being aggrieved by the construction of respondent No.5 being carried out contrary to the sanctioned plan and applicable bye-laws of the B.B.M.P. has filed the present writ petition seeking for issuance of writ of mandamus to direct respondents No.1 to 4 to conduct the spot inspection and take necessary action in terms of Section 321 of the Karnataka Municipal Corporations Act, 1976 (for short, ‘the Act’).
2. Upon notice, respondents No.1 to 4 have appeared.
3. The learned counsel, Shri Amit Deshpande has filed the affidavit of the Assistant Executive Engineer, Bommanahalli dated 11.03.2019 in Court along with enclosures Annexures-R1 to R6 and the same are taken on record.
4. The affidavit states that necessary notice was issued to respondent No.5 and a provisional order under Section 321(1) and (2) of the Act was passed on 27.02.2019 and an order under Section 321(3) of the Act has come to be passed on 07.03.2019 after necessary spot inspection directing respondent No.5 to remove the illegal construction.
5. In view of the said facts and consideration of the representation of the petitioner, no further orders are required to be passed in the present writ petition. Accordingly, petition is disposed of.
Sd/- JUDGE hnm