1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.52008/2017 (LB-RES) BETWEEN:
Sri B.Venkatesh Mallya, Aged about 63 years, S/o Late B.Achutha Malya, Businessman, No.3-167/5, Malya Cold House, Danashale Road, Near Gomateshwara Hill, Karkala-574 104, Udupi District.
(By Sri Rama Bhat K., Advocate) AND:
1. The State of Karnataka, Rep. by its Secretary to Government, Urban Development Department, M.S.Building, Bengaluru-560 001.
2. The Chief Officer, Karkala Town Municipality, Karkala-574 104, Udupi District.
(By Sri A.K.Vasanth, AGA for R1) …Petitioner … Respondents This Writ Petition is filed under Article 226 of the Constitution Of India praying to direct R-2 to consider the representation dated 16.05.2017 made by the petitioner and thereby remove the stones dumped in the public place/road in front of the petitioner’s shop as per Annexure-A.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Mr.Rama Bhat.K., Advocate for Petitioner Mr.A.K.Vasanth, AGA for R1 The petitioner Sri Venkatesh Mallya, has filed this petition seeking a mandamus direction to the Respondent No.2-Karkala Town Municipality to remove the stones dumped in front of his Ice-cream Parlour shop.
2. In paragraph-2 of the Writ Petition, the petitioner has stated that some unknown persons instigated the building owner Sri Dakshina Kannada Jaina Yuvajana Sangha and on 13.05.2017, they illegally dumped three lorry loads of stones in front of the shop of the petitioner. It is also stated in the Writ Petition that a suit in O.S.No.45/2017 between these parties viz., the present petitioner and the building owner is pending in the Court of Principal Civil Judge & JMFC, Karkala, for permanent prohibitory injunction.
3. In view of the civil dispute already being pending between these parties in the Trial Court, this Court is not inclined to entertain this Writ Petition to avoid scattering of litigation and to avoid conflicting orders being passed by two different Courts.
4. Accordingly, this petition is dismissed with a liberty to the petitioner to seek appropriate relief from the Trial Court in the same pending civil suit, if necessary, by suitably amending the plaint.
Sd/- JUDGE JT/-