IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.23918 OF 2019 (LB-BMP) BETWEEN:
Sri Suresh Dasappa S/o late Dasappa Aged about 59 years, Residing at #1321/A, 15th Cross, Girinagar 2nd Stage, Bengaluru – 560085. ... Petitioner (By Sri. Joseph Anthony, Advocate) AND:
1. State of Karnataka Urban Development Department, Vikas Soudha, Bengaluru-560001. Represented by The Additional Chief Secretary 2. Bruhat Bengaluru Mahanagara Palike Hudson Circle Bengaluru-560027 Represented by The Commissioner 3. Joint Commissioner (BBMP) – South Commercial Complex, 2nd Block, 9th Cross, Jayanagar, BBMP, Bengaluru – 560 011.
4. Executive Engineer, BBMP Basavanagudi, BBMP Building Opp SSM School Thyagaraja Nagar Bengaluru-560028 5. Assistant Executive Engineer, BBMP Girinagar BBMP Building Opp SSM School Thyagaraja Nagar, Bengaluru-560028 6. Assistant Engineer (BBMP) Ward No.162, No.600/A, Ward No.162, Banashanakri I Phase, V Block I Stage, I Phase, Girinagar Bengluru-560085 7. Sri Sarvesha S B Aged about 40 years, S/o Savandaiah No.36 Shivagiri 15th Cross, 2nd Stage, Girinagar Bengaluru-560085 8. Sri Suresh N C Aged about 39 years, S/o Channaveeraiah No.58, 5th Main, HVR Layout, Magadi Main Road, Bengaluru-560079 … Respondents (By Sri. Anandeswara D.R., HCGP for R1; Smt. Savitha Kulkarni, Advocate for R4 & R5; Sri. R. Subramanya, Advocate for R7 & R8) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the R-2 to 6 to consider the representation of the petitioner dated May 03, 2019 at Annexure-A in accordance with Sections 321(1) and (2) of the Karnataka Municipal Corporations Act, 1976 and etc., This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R In this writ petition, petitioner has sought for the following reliefs:
(a) Issue a writ of Mandamus or any other appropriate writ or order, directing the Respondent Nos.2 to 6 to consider the representation of the petitioner dated May 03, 2019 at Annexure-A in accordance with Sections 321(1) and (2) of the Karnataka Municipal Corporations Act, 1976;
(b) Issue a writ of Mandamus or any other appropriate writ or order, directing the Respondent Nos.2 to 6 to take immediate action pursuant to the notices issued to the Respondent Nos.7 and 8 under Sections 321(1) and (2) of the Karnataka Municipal Corporations Act, 1976 dated April 20, 2019 (Annexures-F and G);
(c) Pass any other writ, order or direction as further reliefs, this Hon’ble Court may deem fit in the facts and circumstances of the case and in the interest of justice and equity.
2. Pursuant to the order of this Court dated 28.06.2019, learned counsel appearing for respondent No.4-Corporation has filed a memo along with the documents and submits that there is a violation of the building plan. Hence, the Corporation initiated the proceedings under the provisions of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as ‘the Act’ for short) and issued notice under Section 308 of the Act. Subsequently, under Sections 321 (1) and 321 (2) of the Act, provisional orders have been issued and it is confirmed by issuing order under Section 321 (3) of the Act.
3. Being aggrieved by the same, respondent Nos.7 and 8 have filed a suit in O.S. No.25622/2019 before City Civil Judge, Bengaluru against the Commissioner, BBMP for perpetual injunction.
4. In view of subsequent event, the relief sought for by the petitioner does not survive for consideration. Accordingly, the writ petition stands disposed of.
Sd/- JUDGE MBM