IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.23148 OF 2019 (LB-BMP) Between:
V. Manjunath S/o. Venkatagiriyappa Aged about 41 years Residing at No.277 5th Cross, Cholanayakanahalli R.T.Nagar Post Bangalore-560 032. …Petitioner (By Sri.Chandra Shekar.B, Advocate) And:
1. The Commissioner Bruhat Bengaluru Mahanagar Palike Head Office at N.R.Square, Hudson Circle Bangalore-560 002.
2. The Joint Commissioner BBMP, Byatarayana Pura Bangalore-560 092 (Ward No.7) 3. The Asst. Executive Engineer BBMP, Byatarayanapura Sub-Division Dasarahalli, Bangalore-24 (Ward No.6) 4. Mr. Imran Khan S/o. Late M.Anwar Pasha Aged about 35 years Residing at No.10, II Floor 1st “C” Main Road Binny Mill Road Ganganagar Bangalore-560 032. …Respondents (By Smt. M.C.Nagashree, Advocate for R1 to R3; Sri. G. Balakrishna Shastry, Advocate for R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 to R-3 to take steps for demolishing the said illegal structure/building being made by the R-4 site No.46 formed in Sy.No.29/2 of Mariyannapalya Dasarahalli village, K.R.Puram Hobli, Bangalore East Taluk, now called as Kavery Layout, Mariyannapalya, H.A. Farm Post, Bangalore-24, by issuing notice to the R-4 under Sec.321 of Karnataka Municipal Corporation Act, 1976 by considering the complaint/representation dated 13.05.2019 made by the petitioner as per Annexure-D in accordance with law and etc.
This Writ Petition coming on for orders this day, the Court made the following:
O R D E R In this writ petition, the petitioner has sought for following relief:
(A) Issue a Writ in the nature of Mandamus, directing the Respondents 1 to 3 to take steps for demolishing the said illegal structure/Building being made by the 4th respondent Site No.46 formed in Sy.No.29/2 of Mariyannapalya Dasarahalli Village, K.R.Puram Hobli, Bangalore East Taluk, now called as Kavery Layout, Mariyannapalya, H.A. Farm Post, Bangalore-24, by issuing notice to the 4th respondent under Sec.321 of Karnataka Municipal Corporation Act, 1976 (for short ‘Act’) by considering the complaint/representation dated 13.05.2019 made by the petitioner as per Annexure-D in accordance with law.
(B) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice.
2. The learned counsel appearing for respondent Nos. 1 to 3 - Corporation has filed a memo along with a copy of order dated 22.07.2019 passed under Section 321 (1) & (2) of the Act and the Order dated 05.08.2019 issued under Section 321 (3). She further submitted that respondent Nos.
1 to 3 will take necessary action pursuant to the order of confirmation in accordance with law.
In view of the above, writ petition is disposed of directing respondent Nos.1 to 3- to take necessary action pursuant to the confirmation order dated 05.08.2019 in accordance with law.
Sd/-
JUDGE SSD