IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 24676/2019(LB-BMP) BETWEEN:
SRI. K.S. SUNIL GUPTA S/O V. SRINIVASA GUPTA AGED ABOUT 52 YEARS R/A NO.S-711, MANIPAL CENTRE DICKENSON ROAD BENGALURU-560 042 ... PETITIONER (BY SRI. LOKESH K., AND SRI. VIJAYKUMAR K., ADVOCATES) AND 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICE HUDSON CIRCLE BANGALORE-560 002 2. THE JOINT DIRECTOR OF TOWN PLANNING NORTH BRUHAT BENGALURU MAHANGARA PALIKE CORPORATION OFFICE HUDSON CIRCLE BANGALORE-560 002 3. THE ASSISTANT REVENUE OFFICER BBMP DOMLUR SUB-DIVISION 12TH FLOOR, PUBLIC UTILITY BUILDING M G ROAD, BENGALURU-560 001 4. THE ANTI CORRUPTION BUREAU GOVERNMENT OF KARNATAKA NO.49, KANIJABHAVANA RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS ADDITIONAL DIRECTOR GENERAL OF POLICE 5. BANGALORE METROPOLITAN TASK FORCE, N R SQUARE J C ROAD, BENGALURU-560 002 REP. ADDITIONAL DIRECTOR GENERAL OF POLICE ... RESPONDENTS (BY SRI.S. N. PRASHANTH CHANDRA, ADV. FOR R1 TO R3 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO ISSUE COMMENCEMENT CERTIFICATE TO THE PETITIONER IN RESPECT OF THE PROPOSED COMMERCIAL (IT/BT OFFICE) AND RESIDENTIAL BUILDINGS, SITUATED AT KATHA NO.139/26-1, DOMLUR, WARD NO.112, BENGALURU AS PER APPROVED PLAN ISSUED BY THE R-2 VIDE LP.NO.380/14-15, DATED 14.02.2018 [ANNEXURE-G1 TO G4] AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner has sought for the following prayers:
a) Grant a writ of mandamus or any other writ, order or direction to the Respondents to issue commencement certificate to the petitioner in respect of the proposed commercial (IT/BT office) and residential buildings, situated at Katha No.139/26-1, Domlur, Ward No.112, Bengaluru as per approved plan issued by the 2nd Respondent vide LP.No.380/14-15 dated 14.02.2018 (Annexure G1 to G4).
b) Grant a writ of mandamus or any other writ, order or direction to the Respondent No.2 to consider the representation given by the Petitioner dated 11.03.2019 produced as Annexure-A.
c) Pass any other appropriate order which this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.
2. The learned counsel appearing for the respondent-Corporation submits that if the Court grants reasonable time, the authority will consider the representation in accordance with law and communicate the same to the petitioner.
3. In view of the submission made by the learned counsel for the respondent-Corporation, the writ petition is disposed of directing the respondent Nos.1 and 2 to consider the representation of the petitioner at Annexure-A within fifteen days from today and communicate the same to the petitioner.
Sd/- JUDGE DM