1/3 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION No. 47908/2017 (LB-BMP) BETWEEN SMT. SUNITHA SIDDAPPA W/O SIDDAPPA AGED 56 YEARS R/AT No.247, 6TH B MAIN ROAD NEW TOWN, YELAHANKA BANGALORE-560 064 (BY SRI K N NITISH, ADVOCATE FOR SRI SATISH, ADVOCATE) AND ...PETITIONER 1. BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE BANGALORE-560 001 BY ITS COMMISSIONER 2. EXECUTIVE ENGINEER T. DASARAHALLI SUB-DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560 057 3. ASSISTANT EXECUTIVE ENGINEER T. DASARAHALLI SUB-DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560 057 ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-J DATED 23.10.2017 PASSED IN APPEAL NO.1125/2017 BY THE HON’BLE KARNATAKA APPELLATE TRIBUNAL TO THE EXTENT THAT ONLY NOTICE IS ORDERED WITHOUT GRANTING INTERIM STAY AS PRAYED FOR IN THE APPLICATION AT ANNEXURE-H AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. K N Nitish, Adv. for Mr. Satish, Adv. for petitioner.
1. Since the appeal of the petitioner against the final order passed by the respondent-authority of the Bruhath Bangalore Mahanagara Palike (BBMP) under Section 321(3) of the Karnataka Municipal Corporation Act is pending before the Karnataka Appellate Tribunal (KAT), Bengaluru, in Appeal No.1125/2017 (Smt. Sunitha Siddappa –vs- Bruhath Bangalore Mahanagara Palike), but since the Tribunal did not grant any interim relief to the petitioner, the petitioner has filed the present petition before this Court.
2. In the circumstances of the case, the petition is disposed of with a request to the KAT to decide the appeal of the petitioner expeditiously, within a period of two months from today and till the appeal is decided, for the period of two months from today, the status quo of the property shall be maintained by the respondents and no demolition work may be carried out without the specific leave of the Tribunal.
Sd/- JUDGE mv