IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50793/2019 (LB – BMP) BETWEEN:
Sri. B. Munikrishna, S/o. Sri. Muthaiah, Aged about 59 years, Residing at No.77/2, Nayandahalli Village, Mysore Road, Bengaluru – 560 039. …Petitioner (By Sri. Naik N.R., Advocate) AND:
1. The Commissioner, Bruhath Bengaluru Mahanagara Palike, Corporation Office, N.R.Square, Bengaluru – 560 002.
2. The Assistant Executive Engineer, Chandra Layout Sub – Division, Bruhath Bengaluru Mahanagara Palike, Bengaluru – 560 002. ...Respondents (By Sri. H. Devendrappa, Advocate) This Writ Petition is filed under Articles 226 and 227 read with under Article 14 of the Constitution of India praying to set aside the order dated 23.10.2019 issued by respondent No.2 produced at Annexure – F and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Petitioner has challenged the order issued under Section 462 of the Karnataka Municipal Corporation Act, 1976 (hereinafter referred to as ‘the Act’, for short) dated 23.10.2019 whereby there is a direction for demolition of illegal construction belonging to the petitioner.
2. Petitioner submits that the order under Section 321(3) is the subject matter of appeal No.1035/2019 filed under Section 443 of the Act, before the Karnataka Appellate Tribunal. It is the contention of the counsel for the petitioner that in the appeal proceedings no interim order has been passed. Notice has been ordered as regards the respondent-BBMP. Hence, it is submitted that in the light of the proceedings under Section 462 having been initiated, there is a necessity to consider his prayer for interim relief.
3. Taking note of the fact that appeal proceedings are pending before the Karnataka Appellate Tribunal, it would be appropriate to direct the Karnataka Appellate Tribunal to consider the request made for granting of interim prayer, in accordance with law, expeditiously.
4. Learned counsel for the respondents-BBMP submits that they would enter appearance in the said appeal proceedings and put forth their stand before the Karnataka Appellate Tribunal.
5. In the light of the said undertaking, no further orders are required to be passed. However, Karnataka Appellate Tribunal is directed to dispose of the request of interim prayer made in Appeal No.1035/2019 expeditiously. No further orders are called for in the present proceedings.
Accordingly, petition is disposed of.
Sd/- JUDGE SV