IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.13122 OF 2019 (LB-BMP) BETWEEN:
Sri. Suresh A.V., Aged about 64 years, S/o. A.Vittal Rao, No.34, East Anjaneya Temple Street, Basavanagudi, Bengaluru-560 004. ... Petitioner (By Sri. Rameshchandra, Advocate) AND:
1. The Commissioner, BBMP, N.R.Road, Bengaluru-560 002.
2. Executive Engineer, BBMP, Rajajareshwarinagara, Zone 1 and 2, Ward No.160, Rajarajeshwari Nagara, Bengaluru-560 098.
3. The Assistant Executive Engineer, BBMP, Rajarajeshwarinagara, Zone 1 and 2, Ward No.160, Rajarajeshwari Nagara, Bengaluru-560 098.
4. Commissioner, Bengaluru Metropolitan Task Force, BBMP office Building, N.R.Road Square, Bengaluru-560 002.
5. M/s M.R.Pro Tech Private Limited, E-2/2 Adithya layout, Rajgar Bhavan, Halagevaderahalli Rajarajeshwarinagar, Bengaluru-560 098, Represented by Managing Director, M.Ravi. ...Respondents (By Sri. K.N.Puttegowda, Advocate for R1 to R4; R5-served and unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Nos.1 to 4 take appropriate action to demolish the construction in violation of the sanctioned plan in the schedule property and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R Heard learned counsel for the parties.
2. The prayers which are sought in this writ petition reads as follows:
(i) Direct the respondent No.1 to 4 take appropriate action to demolish the construction in violation of the sanctioned plan in the schedule property.
(ii) Direct the respondent No.1 to 4 to prevent the respondent No.5 from proceeding with the construction in the said property.
(iii) Award court costs and such other reliefs as the Hon’ble Court deems fit to grant in the interest of justice.”
2. After issuing the notice to the respondents, this Court by order dated 21.06.2019 passed an order which reads as under:-
“Learned counsel for the respondents on instruction from Sri.N.Basavaraju, AEE seeks for a week’s time to verify the copy of the sanction plan produced at Annexure-B to the writ petition and to inspect the site and submit status report to the Court. It is also submitted that the officer, who is present before the Court has already issued a notice under Section 308 of KMC Act, 1976.
In the opinion of this Court, the said action is too minimalist in the light of the records placed before the Court. Hence, the status report be filed by next date of hearing.
List on 04.07.2019.”
3. Pursuant to that, learned counsel for the respondent-Corporation has filed a memo dated 29.07.2019 by producing the Annexures-R1, R2 and R3 order passed under Section 321(1) and (2) (3) of the Karnataka Municipal Corporation Act, 1976 (‘the Act’ for brevity). Challenging the order passed under Section 321(3) of the Act, the respondent No.5 herein has filed an appeal before the Karnataka Appellate Tribunal, Bengaluru numbered as Appeal No.632/2019 and obtained an interim order producing Annexures-R4 and R5.
4. In view of the above, this writ petition does not survive for consideration and the same is disposed of reserving liberty to the petitioner to file an application for impleading in the appeal pending before the Karnataka Appellate Tribunal, Bengaluru in appeal No.632/2019. The Tribunal may consider the impleading application in accordance with law.
With the above observation, the writ petition is disposed of.
Sd/-
JUDGE RB