IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.46790 OF 2017 (LB-RES-PIL) BETWEEN:
TULUNADA RAKSHANA VEDIKE(R) PIONEER COMPLEX, NELLIKAI ROAD NEAR STATE BANK OF INDIA MANGALORE, D.K.DISTICT-575 001 REPRESENTED BY ITS GENERAL SECRETARY PRASHANTH BHAT KADABA S/O.K.MOHAN RAO AGED ABOUT 44 YEARS R/AT.SHIVA KRIPA HOUSE MANJUNATH COLONY KADRI, MANGALORE-575 004 ... PETITIONER (BY SRI.B.S.SACHIN, ADVOCATE) AND:
1. U.MOHAMMED ALI S/O.HAMMABBA AGED ABOUT 63 YEARS 2. SMT.NASIRA ALI W/O.U.M.ALI AGED ABOUT 54 YEARS 3. SHARIQ ALI AHMED S/O.U.M.ALI AGED ABOUT 24 YEARS ALL ARE R/AT HOUSE No.2-12-1025 FALNIR, MALABAR GOLD BUILDING FALNIR ROAD, MANGALORE TALUK D.K.DISTRICT–575 001 4. MANGALORE CITY CORPORATION LALBAGH, MANGALORE–575 001 REPRESENTED BY ITS COMMISSIONER 5. COMMISSIONER OF POLICE MANGALORE DAKSHINA KANNADA–575 001 6. THE DEPUTY COMMISSIONER MANGALORE, DAKSHINA KANNADA–575 001 7. TOWN PLANNING AUTHORITY MANGALORE CITY CORPORATION LALBAGH, MANGALORE DAKSHINA KANNADA–575 001 REPRESENTED BY ITS TOWN PLANNING OFFICER ... RESPONDENTS (GOVERNMENT ADVOCATE-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO 7 TO DEMOLISH THE ILLEGAL CONSTRUCTION OF FIRST FLOOR OF THE BUILDING SITUATED IN TS.NO.1561/9 IN DOOR NO.2-12-1025 IN KODIALBAIL VILLAGE, KADRI WARD PRESENTLY BEJAI WARD MANGALORE AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Learned Counsel appearing for the petitioner, after arguing the matter for sometime, submits that the writ petition may be disposed of by directing the Court of I Additional District and Sessions Judge, Mangalore, to dispose of the appeal in M.A.No.60/2016 expeditiously.
2. Having regard to the facts of the case, we direct the aforesaid Court to dispose of the appeal in M.A.No.60/2016 in accordance with law, expeditiously and in any event, within three months from the date of receipt of a copy of this order.
3. This order is passed without issuing notice to the respondents. However, if they are aggrieved by the aforesaid direction, they are at liberty to apply for recalling of this order.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.