IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.15378/2019 (LB-BMP) Between:
Sri N.S.Gopi S/o. N.Subramanya Naidu Aged about 46 years R/at No.70, 5th Cross Sriramnagar, Ittamadu B.S.K. III Stage Bangalore – 560085. ... Petitioner (By Sri R.Hemanth Raj, Advocate) And:
1. The Assistant Executive Engineer Padmanabha Nagara Sub-division No.15, A, Bus Stop BBMP Building Bengaluru – 560070.
2. The Executive Engineer Padmanabha Nagara Sub-division No.15, A, Bus Stop, BBMP Building Bengaluru – 560070.
3. The Commissioner BBMP, Hudson Circle, Bengaluru – 560001.
… Respondents (By Sri K.N.Puttegowda, Adv.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct R1 and R2 to consider representation dated 15.03.2019 and another representation dated 18.03.2019 submitted by the petitioner produced as per Annexures-E and F and etc., This Writ Petition coming on for orders this day, the Court made the following:
ORDER The petitioner states that he is the owner of the house property No.3 (Old No.70), PID No.55-504-3 situated at 5th cross road, Ittamadu, BSK 3rd stage, Bengaluru and that the adjacent property has been constructed by one Smt.K.Jayalakshmi without obtaining the sanction plan and without leaving set back. Petitioner states that necessary representations were submitted to the respondent-BBMP and the copies of which are enclosed at Annexures-E and F dated 18.03.2019.
2. Learned counsel appearing on behalf of respondent-BBMP has filed a memo enclosing copies of the Notice sent under Section 308 of the Karnataka Municipal Corporations Act, 1976 (for short ‘KMC Act’) to Smt. K.Jayalaxmi. Subsequently, orders have been passed under Sections 321(2) and 321(3) of the KMC Act. Hence, learned counsel appearing on behalf of the respondent-BBMP states necessary action pursuant to the complaint and representations Annexures-E and F having been taken, nothing further survives for consideration in the present writ petition.
3. Taking note of the documents submitted on behalf of the respondent-BBMP and also noticing that orders have been passed under Sections 321(2) and 321(3) of the KMC Act and that a complaint has been lodged with the jurisdictional police, the petition is to be disposed of as requiring no further orders. However, it is made clear that in the absence of any legal obstacle, further proceedings pursuant to Section 321(3) of the KMC Act is to be proceeded with in accordance with law. Accordingly, the petition is disposed of.
Sd/- JUDGE TL