IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50976/2019(GM-POLICE) BETWEEN:
SMT. VARALAKSHMI, W/O GUNDEGOWDA, AGE 58 YEARS, R/O: 8/9, 5-A MAIN ROAD MAGADI ROAD AGRAHAR DASARHALLI WARD NO.16 BANGALORE-560079.
...PETITIONER (BY SRI HANUMANTHAPPA HARAVI, ADVOCATE) AND:
1 . THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA OFFICE OF SECRETARIAT VIDHAN SOUDHA BANGALORE-560001.
2 . THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF KARNATAKA BANGALORE-560001 3 . THE DIRECTOR GENERL OF POLICE AND INSPECTOR GENERAL OF POLICE HEAD OFFICE, NRUPATUNGA ROAD BANGALORE-560001 4 . THE COMMISSIONER BRUHAT BANGALORE MAHANAGAR PALIKE N.R. SQUARE, BANGALORE-29.
5 . THE JOINT COMMISSIONER WEST ZONE SHESHADRIPURAM BANGALORE-20.
(BY SRI M. VINOD KUMAR, AGA FOR R1 TO R3;
…RESPONDENTS SRI K.N. PUTTEGOWDA, ADVOCATE FOR R4 AND R5) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT 3 TO CONSIDER THE REPRESENTATION DATED 30.10.2019 VIDE ANNEXURE-D WITH IMMEDIATE EFFECT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for a writ of mandamus directing respondent Nos.4 and 5 to consider her representation dated 17.10.2009, Annexures-E and F with regard to unauthorised construction put up by the asset owner – Sri Raju.
2. The petitioner has submitted the applications, Annexures E and F to respondent Nos.4 and 5 for taking action against the encroachment, construction of the building without proper sanctioned plan and without leaving the set back as per the Building Byelaws.
3. The present writ petition is filed against a person disturbing the petitioner, who is not made as a party to the writ petition. In the absence of arraying the person as party to the writ petition, writ petition is not maintainable.
4. In view of the above, writ petition is disposed off with liberty to the petitioner to make fresh representation before respondent Nos.4 and 5 – Commissioners giving details and respondent No.5 shall consider the same and pass appropriate orders in accordance with law.
Nsu/-
Sd/- Judge