1/6 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.53305/2017 (LB-RES) BETWEEN:
SRI. T.L. KRISHNAPPA S/O LATE T.G. LINGAPPA AGED ABOUT 63 YEARS RESIDING AT ‘NRUSIMHA’ 4TH CROSS, M.G. ROAD TUMAKURU – 572101.
(BY Mr. V.B. SIDDARAMAIAH, ADV.,) AND:
1. THE STATE OF KARNATAKA ... PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDING, DR B.R. AMBEDKAR VEEDHI BENGALURU – 560001.
2. THE TUMAKURU MAHANAGARA PALIKE TUMAKURU - 572101 REPRESENTED BY ITS COMMISSIONER.
3. SRI. JAYANTI LAL .J S/O G. JAWEERCHAND AGED ABOUT 53 YEARS R/AT 2ND CROSS K.R. EXTENSION TUMAKURU – 572101.
PRESENTLY RESIDING AT OPP: ANKUR SCHOOL, S.S. PURAM TUMAKURU – 572 102.
(BY Mr. A.K. VASANTH, AGA FOR R1) ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, DIRECT THE R-2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD.4.11.2017 VIDE ANNEX-O. DIRECT THE R-2 TO TAKE EFFECTIVE STEPS TO PREVENT THE CONSTRUCTION OF THE BUILDING BY THE R-3 IN TERMS OF THE NOTICE DTD.17.10.2017 VIDE ANNEX-N, BY TAKING INTO CONSIDERATION OF THE PHOTOGRAPHS VIDE ANNEX-M AND M1 & ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. V.B. Siddaramaiah, Adv. for Petitioner Mr. A.K. Vasanth, AGA for Respondent-State 1. The petitioner-Mr.T.L.Krishnappa s/o late T.G.Lingappa has filed this writ petition in this Court on 23.11.2017 with the following prayers:-
“(i) Issue Writ of Mandamus directing the 2nd respondent, The Tumakuru Mahanagar Palike, Tumkuru Town, Tumkuru, represented by its Commissioner to consider the representation of the Petitioner dated 04-11- 2017, vide Annexure-O.
(ii) Issue Writ of Mandamus directing the 2nd respondent, The Tumakuru Mahanagara Palike, Tumkur Town, Tumkuru, represented by its Commissioner to take effective steps to prevent the construction of the building by the 3rd respondent, in terms of the notice dated: 17-10- 2017, bearing No.NaSaTu/TamSha/HBL/CR/24/2017- 18 vide Annexure- N, by taking into consideration of the photographs vide Annexure – M and M1.
(iii) Issue Writ of Mandamus directing the Second respondent, The 2nd respondent, The Tumakuru Mahanagara Palike, Tumkur Town, Tumkuru, represented by its Commissioner to take, to remove the illegal construction already made by the respondent No.3, in set back portion of his property towards the property of the petitioner, i.e., towards left side of the property of the respondent No.3, by taking effective steps on the notice dated 17-10-2017, bearing No.NaSaTu/TamSha/HBL/CR/24/2017 – vide Annexure – N.
INTERIM PRAYER Pending disposal of the above writ petition, the petitioner prays to direct the 2nd respondent, The Tumakuru Mahanagara Palike, Tumkur Town, Tumkuru, represented by its Commissioner to prevent the construction of the building by the 3rd respondent, as per its notice dated 17-10-2017, bearing No.NaSaTu/TamSha/HBL/CR/24/2017 – Vide Annexure – N”.
2. The learned counsel for the petitioner Mr.V.B.Siddaramaiah submits that the 3rd Respondent- Mr.J.Jayanti Lal is raising the construction illegally and has obtained the building sanction plan from the 2nd Respondent-Tumakuru Mahanagara Palike, even after the petitioner filed the complaint against him, as he is raising construction without leaving any setbacks.
3. He has also brought to the notice of the Court that two civil suits are pending between the parties in O.S.No.548/2012 and O.S.No.1052/2012 and in M.A.No.76/2012, the 1st Appellate Court of II Addl.Senior Civil Judge and JMFC, Tumakuru, has passed an order on 22.03.2016, a copy of which is placed on record vide Annexure-L, against which, the petitioner has already filed the writ petition before this Court in the year 2017, the number of which is not readily available with the learned counsel for the petitioner and that writ petition is pending after notice being issued to the Respondents. He submitted that in the present writ petition, the grievance of the petitioner is that in view of sanction being given in favour of the 3rd Respondent, he has started the construction, while the civil litigations are pending in the competent civil Court.
3. Having heard the learned counsels for the parties, this Court is of the opinion that this writ petition is not maintainable and the petitioner can seek the relief as prayed at this stage, in the already filed writ petition in the year 2017 against the order dated 22.03.2016 passed by the 1st Appellate Court in M.A.No.76/2012 (Jayanthilal J. vs. T.L.Krishnappa). The petitioner cannot be allowed to avail multiple remedies in the same civil dispute at different stages of litigation in different Court. This is to ensure avoiding of multiplicity of the litigation and chances of conflicting orders by different courts.
4. Accordingly, the writ petition is disposed of with a liberty to the petitioner to approach the Court in the pending writ petition filed by him or in the pending civil suits between the parties. No costs.
Copy of this order be sent to the Respondents forthwith.
Sd/- JUDGE Srl.