IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.14441-14445/2019 (LB-BMP) Between:
1. Sri Pattabi Ramachandra Swamy Temple Trust ® Having office at No.50, Huriopet, B.V.K. Iyengar Road Cross, Bengaluru – 560 053, Rep. by its President Sri V. Basappa.
2. Sri M.H. Narayana, Aged about 48 years, S/o M.G. Chikkahanumantha Rao, Trustee, Sri Pattabi Ramachandra Swamy Temple Trust, No.50, Huriopet, B.V.K. Iyengar Road Cross, Bengaluru – 560 053.
3. Smt. S.G. Anuradha, W/o Sri Harikumar, Aged about 48 years, Trustee, Sri Pattabi Ramachandra Swamy Temple Trust, No.50, Huriopet, B.V.K. Iyengar Road Cross, Bengaluru – 560 053.
4. Sri S. Somashekara, S/o Vishwanath, Aged about 51 years, Trustee, Sri Pattabi Ramachandra Swamy Temple Trust, No.50, Huriopet, B.V.K. Iyengar Road Cross, Bengaluru – 560 053.
5. Sri S.G. Somashekara, S/o S. Gangappa, Aged about 61 years Trustee, Sri Pattabi Ramachandra Swamy Temple Trust, No.50, Huriopet, B.V.K. Iyengar Road Cross, Bengaluru – 560 053. … Petitioners (By Sri Padmanabha R., Advocate) And:
1. The Commissioner, Bruhat Bengaluru Mahanagara Palike, N.R. Square, Bengaluru – 560 002.
2. The Joint Commissioner, Bruhat Bengaluru Mahanagara Palike (West), Sampige Road, Bengaluru – 560 003.
3. The Assistant Executive Engineer, Bruhat Bengaluru Mahanagara Palike, 4th Cross, Magadi Road, Bengaluru.
4. The Assistant Engineer, Bruhat Bengaluru Mahanagara Palike, 4th Cross, Magadi Road, Bengaluru.
5. The Assistant Revenue Officer, Bruhat Bengaluru Mahanagara Palike, Chickpet Division, Bengaluru. … Respondents (By Sri Amit Deshpande, Advocate for R1 to R5) ***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to call for relevant records and direct the respondents to consider and dispose of the representations dated 08.01.2019 (Annexures E to J) made by the petitioners to the respondents in accordance with law for removing illegal construction put up by the strangers and also to cancel the sanctioned plan granted in favour of strangers and etc.
These Writ Petitions coming on for further orders this day, the Court made the following:
ORDER The first petitioner claims to be a registered Trust has sought for consideration of representation at Annexure-‘E’ to ‘J’ dated 08.01.2019 whereby appropriate action was sought for as regards alleged illegal structure and construction put up on site bearing No.50, Old No.162, present number 169, Ward No.28, situated at Huriopet Main Road, BVK Iyengar Road Cross, Bengaluru- 560 053.
2. The learned counsel for respondent-BBMP submits that there are civil disputes pending between the petitioner and impleading applicants. It is submitted that the representation at Annexure-‘E’ to ‘J’ would be disposed off after affording an opportunity of hearing to the petitioner as well as the impleading applicants.
3. In the light of said submission, and noting that no purpose would be served at this stage to pass an order on the impleading application, the petition is disposed off directing the respondent-BBMP to consider the representation at Annexure-‘E’ to ‘J’ and to pass appropriate orders after hearing the petitioners as well as impleading applicants in accordance with law. The impleading applicants and petitioner be present before the Head of Legal Cell, BBMP on 22.11.2019 at 3.00 P.M.
In the light of disposal of writ petition, no orders are required as regards I.A.-1/2019. Hence, it may not be appropriate to pass orders as a necessary direction has been given to the respondent-BBMP to provide an opportunity of hearing to the impleading applicants.
Sd/-
JUDGE Np/-