IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.18462/2018 (LB BMP) BETWEEN 1. SRI MURALI KRISHNA NAIDU S/O. LATE. RAMASWAMY NAIDU, AGED ABOUT 65 YEARS, 2. SMT. RUBY MURALI W/O. MURALI KRISHNA NAIDU, AGED ABOUT 63 YEARS, BOTH ARE R/AT. J.S. SPLENDOR, 103, 1ST FLOOR, 8TH CROSS, MUNINANJAPPA LAYOUT, RAMAMURTHY NAGAR, BENGALURU - 560043.
(BY SRI C V MANJUNATHA, ADV.) AND ... PETITIONERS 1. THE COMMISSIONER BBMP, HEAD OFFICE, HUDSON CIRCLE, BENGALURU - 560002.
2. THE ASST. EXECUTIVE ENGINEER BBMP, HORAMAVU SUB-DIVISION, BENGALURU - 560043.
3. SRI TIRUPATHI REDDY MANDALA S/O. SRI. NARASIMHA REDDY MANDALA, AGED ABOUT 41 YEARS, R/AT. NO.84, 5TH CROSS, 8TH MAIN, HOYASALA NAGARA, R.M. NAGAR, BENGALURU - 560016.
ALSO AVAILABLE AT SITE NO.22, 16TH CROSS, 3RD MAIN, WARD NO.25, HOYSALA NAGARA, HORAMAVU, BENGALURU - 560016.
(BY SRI ANAND R B, ADV. FOR R1 & R2, SRI H.SUNIL KUMAR, ADV. FOR R3.) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER REPRESENTATIONS AT [ANNEXURE-E AND E1] BOTH DTD:27.2.2018 AND SUBSEQUENT NOTICE DTD:2.4.2018 [ANNEXURE-H] ISSUED BY THE PETITIONERS, REGARDING CONSTRUCTION MADE BY THE RESPONDENT NO.3 IN HIS PROPERTY IN VIOLATION OF SANCTIONED PLAN AND BUILDING BYE-LAW, TO TAKE NECESSARY ACTION AND TO PASS NECESSARY ORDERS FOR REMOVAL OF EXTENDED CONSTRUCTION OF ROOF MADE TOWARDS PROPERTY OF THE PETITIONERS IN VIOLATION OF SANCTIONED PLAN, AS PER LAW, MORE PARTICULARLY REMOVAL OF THE OVER-EXTENDED/PROJECTED ROOF PORTIONS ON THE SIDE OF PETITIONER'S PROPERTY TO THAT EFFECT ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned counsel for the respondent Nos.1 and 2 and the learned counsel for respondent No.3.
2. The instant writ petition is preferred praying for a writ of mandamus to respondent Nos.1 and 2 to consider and dispose off the representations at Annexure-E and E1 both dated 27.02.2018 and the subsequent representation dated 02.04.2018 vide Annexure-H praying for action in accordance with law in respect of the construction being put-up by respondent No.3 and for removal of such construction put-up in violation of the sanction plan and contrary to the building bye-laws.
3. Learned counsel for the respondent Nos.1 and 2, would submits that proceedings have been initiated under the provisions of Section 321(1) of the Karnataka Municipal Corporations Act, 1976 and that pursuant to the notice, respondent No.3 had approached the Karnataka Appellate Tribunal and as no interim relief was granted and final notice having been issued, they have already commenced the action for removal of the unauthorized portions. Learned counsel for respondent No.3 submits that respondent Nos.1 and 2 have virtually removed 90% of the unauthorized construction.
4. The submission of the learned counsel for respondent No.3 and respondent Nos.1 and 2 is placed on record. The relief sought for by the petitioners is virtually answered by respondent Nos.1 and 2.
In that view of the matter, placing on record the submissions made by the counsels for respondent Nos.1 to 3, the petition is disposed off.
In view of disposal of the main writ petition, I.A. 2/2019 for permission, does not survive for consideration.
Sd/- JUDGE Chs* CT-HR