IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50658/2019 (LB-BMP) BETWEEN:
Sri V.Jagadish Chandra Jain S/o Sri Vardi Chand Jain Aged about 51 years “Sanwariya House”
R/at No.118/1B2 Rajagopal Nagar Main Road Peenya 2nd Stage Bengaluru-560058.
(By Sri. S.P.Kulkarni., Advocate) AND:
1. The Bruhath Bengaluru Mahanagar Palike (BBMP) Bengaluru-560002 Represented by its Commissioner.
2. The Executive Engineer Office of the Bruhath Bengaluru Mahanagar Palike (BBMP) Dasarahalli Division, (Near MEI Colony) Hesaraghatta Main Road Bagalagunte Bengaluru-560073.
…Petitioner 3. The Assistant Executive Engineer Office of the Bruhath Bengaluru Mahanagar Palike (BBMP) Peenya Industrial Area Sub-Division Dasarahalli Zone HMT Layout Bengaluru-560073.
...Respondents (By Sri. K.V.Mohan Kumar, Advocate for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order made under Section 462 of the KMC Act, 1976 dtd. 16.04.2015 passed by the R2, directing for demolition of the alleged illegal portion of the construction upon the item No.2 of the schedule property within three days of the order alleging the violation of bye-laws of the KMC Act, 1976, being arbitrary, erroneous and not sustainable in law (annexure-Y) and etc., This Petition coming on for ‘Preliminary hearing in ‘B’ group’ this day, the Court made the following:
O R D E R The learned counsel for the petitioner has filed a memo seeking permission to withdraw the petition reserving liberty to seek appropriate redressal as regards the impugned action.
2. The said memo is placed on record.
In light of the memo, the petition is dismissed reserving liberty to the petitioner to take an appropriate action in accordance with law as regards impugned action.
Sd/- JUDGE ssb