IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.51504/2019 (LB-BMP) Between:
Sri Arunkumar Kantharaj, S/o N. Kanthraj, Aged about 47 years, R/at No.147, 5th Cross, R.K. Layout, Padmanabha Nagar, Bengaluru – 560 070. … Petitioner (By Sri Srikanth M.P., Advocate) And:
1. The Commissioner, Bruhat Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.
2. The Assistant Executive Engineer, Utharahalli Sub-Division, Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560 061.
3. The Assistant Revenue Officer, Utharahalli Sub-Division, Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560 061. … Respondents (By Sri H. Devendrappa, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 31.10.2019 issued under Section 321(2) of the Karnataka Municipal Corporation Act, 1976 by the R-2 Annexure-G and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court, made the following:
ORDER Petitioner has challenged the provisional order passed under Section 321(1) of the Karnataka Municipal Corporation Act, 1976 (for short ‘the Act’). It is further submitted that without prejudice to the contention that as regards properties having ‘B Katha’ sanction plan is not required for construction, the petitioner has also filed an application on 21.09.2019 before the 2nd respondent seeking for grant of sanction plan.
2. In light of order being passed under Section 321(3) of the Act, copy of which is enclosed along with I.A.2/2019, it is to be noticed that against the order under Section 321(3) there is an appeal before the Karnataka Appellate Tribunal under Section 443-A of the Act. In light of the said remedy being available, petition is disposed off reserving liberty to the petitioner to challenge the impugned orders under Section 443-A of the Act, if so advised in accordance with law.
3. Insofar as the request with respect to consideration of the application dated 21.09.2019, learned counsel for the respondent – BBMP submits that the same would be considered in accordance with law within a period of three weeks from the date of receipt of certified copy of this order.
Accordingly, petition is disposed off.
In light of disposal of the matter, no order is called for as regards pending applications. Accordingly, I.As. 1/2019, 2/2019, 3/2019 and 4/2019 are disposed off as requiring no further orders.
Sd/- JUDGE VP