1/3 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.64046 OF 2016 (LB-BMP) Between:
The Teachers Colony Residents Association Having its Registered Office at No.164, Teachers Colony Koramangala Post Bangalore 560034.
Represented by its Secretary Sri L.V.Henry. …Petitioner (By:Mr.Krishna.T, Advocate) And:
1. The Commissioner BBMP, Corporation Building Bangalore – 560022.
2. The Joint Commissioner BBMP (South), 2nd Block Jayanagar, Bangalore – 560 011.
3. The Executive Engineer BTM Division, BBMP Audugodi Hosur Main Road Bangalore 560 030.
4. The Assistant Executive Engineer BBMP, Koramangala Sub-Division Ward No.173, Bangalore – 560 034.
5. The Assistant Executive Engineer Sub-Division No.S-11, BESCOM Parangipalya, Bangalore 560102.
6. Rajkumar Aged about 40 years S/o Late Krishnaiah No.135, Venkatapura Main Road Opp:Grammer Public School Koramangala Post Bangalore 560 034.
(R6 amended vide Court order dt.22.11.17) Respondents (By:Dr.R.Ramachandran, Advocate for R1 to R4; Mr.Adithya Paul Ambrose, Advocate for R6) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the R1 to R4 to clear the encroachment on the foot path at 4th Avenue, between 3rd and 4th Main of the Teachers Colony.
This W.P. coming on for Orders this day, the Court made the following:-
ORDER Mr.Krishna.T, Advocate for Petitioner Dr.R.Ramachandran, Advocate for R1 to R4 Mr.Adithya Paul Ambrose, Advocate for R6 Mr.Sanjeev Kumar, Asst. Executive Engineer, BBMP (present) Dr.R.Ramachandran, the learned counsel for the respondent–BBMP has informed the Court that the offending Milk Booth as complained by the petitioner – The Teachers Colony Residents Association has since been removed. He submits so on the instructions of Mr.Sanjeev Kumar, Assistant Executive Engineer, BBMP.
2. However, Mr.Adithya Paul Ambrose, learned counsel appearing for the Milk Booth Owner, Mr.Rajkumar, who has been impleaded as respondent No.6 to this petition submits that he has filed the Vakalath only today.
3. However, the learned counsel for the petitioner, Mr.Krishna.T submits that in view of the removal of the Milk Booth in question, the petitioners’ grievance is redressed.
4. In view of the same, the Writ Petition has rendered infructuous and the same is accordingly dismissed as having rendered infructuous. No Costs.
VGR Sd/-
JUDGE