IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50092/2019 (LB-BMP) BETWEEN:
1. Smt.V.M.Saraswathy, W/o late Sri.M.Selvakumar, Aged about 62 years, R/at #40, VJ Infiniti Apartments, 1st Main, 2nd Cross, Doctors Layout, Opposite to Government School, B.Channasandra, Kasturinagar, Bengaluru – 560043.
2. Sri.S.Vijay Kumar, S/o late Sri.M.Selvakumar, Aged about 32 years, R/at # 40, VJ Infiniti Apartments, 1st Main, 2nd Cross, Doctors Layout, Opposite to Government School, B.Channasandra, Kasturinagar, Bengaluru – 560043.
3. Sri.S.Naveenkumar, S/o late Sri.M.Selvakumar, Aged about 25 years, R/at # 40, VJ Infiniti Apartments, 1st Main, 2nd Cross, Doctors Layout, Opposite to Government School, B.Channasandra, Kasturinagar, Bengaluru – 560043.
(By Sri.Prashanth.H.J, Advocate) AND:
1. The Commissioner, …Petitioners Bruhat Bengaluru Mahanagara Palike, N.R.Square, Bengaluru – 560002.
2. The Assistant Executive Engineer, Kodigehalli Sub-Division, Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560092.
3. The Assistant Revenue officer, Kodigehalli Sub-Division, Kodigehalli, Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560092.
...Respondents (By Sri.K.N.Puttegowda, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 03.10.2019 passed under Section 463(1) of Karnataka Municipal Corporation Act, 1976 passed by the R-3 herein vide Annexure-A.
This Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R The petitioners who are the legal representatives of M.Selvakumar have filed the present writ and sought for an appropriate writ to quash the order at Annexure-A whereby there is a direction to remove the illegal construction and recover the cost of the same from the owner. The petitioners submit that the order for demolition has been passed pursuant to the earlier order passed under Section 321 of the Karnataka Municipal Corporation Act, 1976. by the respondent – BBMP, copy of which enclosed at Annexure-D. It is further submitted that late Selvakumar had filed the appeal before the Karnataka Appellate Tribunal challenging the order passed under Section 321(3).
2. It is submitted that the said appeal came to be dismissed for default on 14.02.2019. It is further submitted that in the light of the death of late Selvakumar and the petitioners not being in the know of the pending appeal proceedings necessary steps could not be taken for effective prosecution of the appeal and has also narrated various other reasons. It is submitted that necessary steps have been taken for revival of the proceedings before Karnataka Appellate Tribunal in appeal No. 74/2013.
3. The learned counsel appearing for the respondent No.3 submits that no order can be passed in the present proceedings and the appropriate relief ought to be sought for before the Karnataka Appellate Tribunal.
4. Taking note of the submission of the learned counsel for the petitioners that the Miscellaneous Petition has been filed bearing Miscellaneous No.76/2019, it is open for the petitioners to seek and obtain necessary orders in the miscellaneous proceedings as against orders passed by the respondent – BBMP. In the light of the same, no further orders are required in the present petition. It is however, open to the Karnataka Appellate Tribunal to consider the Miscellaneous Appeal filed by the petitioners so also request for grant of interim prayer expeditiously in accordance with law.
5. Karnataka Appellate Tribunal to dispose of the application filed seeking interim prayer within the period of four weeks from receipt of copy of this order.
6. Taking note of the submission of the learned counsel for the petitioners that steps may be initiated for demolition that there will be interim protection for a period of two weeks from today.
Sd/- JUDGE NS