IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.1714/2019 (LB-BMP) Between:
Sri M. Gadde Gowda, Aged about 58 years, S/o late Ajje Gowda, R/at Makali Village, Channapatna Taluk, Bengaluru Rural District. ... Petitioner (By Sri H.R. Anantha Krishna Murthy., Advocate) And:
1. The BBMP, Represented by its Commissioner, Office at N.R.Square, Bengaluru – 560001.
2. The Assistant Executive Engineer, Ward No.197, Uttarahalli, Bengaluru – 560061. ... Respondents (By Sri Amit Deshpande, Advocate for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the complaint filed by the petitioner dated 07.01.2019 under Annexure-C to the R- 2 forthwith.
This Writ Petition coming on for ‘Orders’ this day, the Court made the following:
ORDER The petitioner who is the owner of property bearing No.G13, Khatha No.351, situated within the limits of Uttarahalli Village Panchayat at Chikkakallasandra, Uttarahalli Hobli, Bengaluru South Taluk, has filed the present writ petition for issuance of a writ of mandamus to direct the respondent Nos.1 and 2, to take action on the representation dated 07.01.2019, submitted by the petitioner to the respondent – BBMP.
2. The counsel appearing for the respondents has filed statement of objections and states that, on the complaint dated 07.01.2019, necessary action has been taken and an order under Section 321(3) of the Karnataka Municipal Corporation Act, 1976 has been passed, after noticing that there has been deviation in so far as set back is concerned on all sides of the building.
3. In the light of order passed by the respondent – BBMP, no further orders are required to be passed in the present writ petition, as there has been consideration of the representation of the petitioner dated 07.01.2019. However, the respondent – BBMP is directed to take further action pursuant to the order passed under Section 321(3) of the Karnataka Municipal Corporations Act, 1976, in order to ensure that the statutory duty imposed under the Act is adhered to in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE MGN