1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28th DAY OF JUNE 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.27955/2016(LB-BMP) BETWEEN:
SRI SATISH REDDY S/O LATE SRIRAMA REDDY, AGED ABOUT 43 YEARS, R/AT RAYASANDRA VILLAGE, HUSKUR POST, SARJAPURA HOBLI, BANGALORE URBAN DISTRICT-560 099.
(BY SRI.M.S.VARADARAJAN, ADV.) AND:
…PETITIONER 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REPRESENTED BY ITS COMMISSIONER.
2. THE JOINT COMMISSIONER BURHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI DIVISION, BANGALORE-560 068.
…RESPONDENTS (BY SRI.S.J.PURANIK, ADV., FOR R1 & R2 SRI M.NARAYANA BHAT, ADV., FOR PROPOSED R3 & R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:2.4.2016 PASSED BY THE R-2 (ANNEXURE-A) & 2/2 DIRECT THE RESPONDENTS THEIR OFFICIALS, EMPLOYEES SERVANTS AGENTS ETC., FROM FORMING ANY ROAD IN PETITIONERS PROPERTY BEARING SY NO.9/2 OF NAGANATHAPURA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK NOW COMING WITHIN THE BBMP JURISDICTION & ETC., THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.M.S.Varadarajan, Adv. for Petitioner Mr.S.J.Puranik, Adv. for Respondents 1. The Respondent No.2-Joint Commissioner of BBMP, in terms of this Court’s previous order dated 20.06.2017, has passed an order after hearing the parties concerned on 27.06.2017, a copy of which is placed on record along with the memo dated 28.06.2017 filed by the learned counsel for Respondents-BBMP.
2. The present petition is accordingly disposed of, leaving it free for the aggrieved party to approach the Civil Court for appropriate relief as may be sought by them, against the aforesaid order dated 27.06.2017 3/3 passed by the Joint Commissioner, if they are aggrieved by it.
3. No interference by this Court in this impugned order is called for at this stage.
4. With these observations, the petition is disposed of.
In view of the aforesaid, the order Annexure-A dated 02.04.2016 issued by the Joint Commissioner, BBMP, regarding assigning of police aid for removal of the alleged encroachment is set aside.
No order is required to be passed on impleading application. The I.A.No.2/16 is accordingly rejected.
Sd/- JUDGE Srl.