IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.3201 OF 2016 AND WRIT APPEAL NOS.4289-4294 OF 2016 (LB-BMP) BETWEEN:
1. MR. VIVEK CHANDRASHEKAR AGED ABOUT 55 YEARS, SON OF C.V. CHANDRASHEKAR, APARTMENT NO.202, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
2. MISS DURDANA NAIR AGED ABOUT 72 YEARS, DAUGHTER OF LATE GROUP CAPT. V.R. NAIR, APARTMENT NO.002, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
3. MR. E.K. UNNIKRISHNAN AGED ABOUT 88 YEARS, SON OF E.K. KRISHNA, APARTMENT NO.003, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
4. MRS. SONI MIRCHANDANI AGED ABOUT 57 YEARS, WIFE OF SONU MIRCHANDANI, APARTMENT NO.101, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
5. MR. LALIT MALANI AGED ABOUT 54 YEARS, SON OF BAGHAVAN MALNI, APARTMENT NO.102, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
6. MR. RAMADEEP GULATI AGED ABOUT 65 YEARS, SON OF OF TRILOK SINGH GULATI, APARTMENT NO.203, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
(APPELLANT NO.7 IS TRANSPOSED AS RESPONDENT NO.5 AS PER ORDER DATED 22.11.2017) ... APPELLANTS (BY SRI C.M. POONACHA, ADVOCATE) AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) HUDSON CIRCLE, BENGALURU, REPRESENTED BY ITS COMMISSIONER.
2. THE ASSISTANT EXECUTIVE ENGINEER RICHMOND TOWN SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU.
3. THE EXECUTIVE ENGINEER SHANTINAGAR DIVISION II, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU.
4. MR. MOHAMMED HABEEBULLA SHAREIFF AGED ABOUT 47 YEARS, SON OF M. VALLULLA SHAREIFF, APARTMENT NO.201, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
5. MRS. MAUREEN FORBES AGED ABOUT 75 YEARS, WIFE OF LATE THOMAS RICHARD FORBES, APARTMENT NO.001, ROSE QUEEN APARTMENTS NO.3, (MUNICIPAL NO.2/6), ROSE LANE, RICHMOND TOWN (WARD NO.76), BENGALURU-560 025.
... RESPONDENTS (BY SRI K.N. PUTTE GOWDA, ADVOCATE FOR R-1 TO R-3; SRI C. RAJANNA, ADVOCATE FOR R-4) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.10276 OF 2016 AND 24726-24731 OF 2016 DATED 09.06.2016.
***** THESE WRIT APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A memo is filed by the learned counsel for respondent Nos.1 to 3 – Corporation, enclosing a copy of the final notice dated 16.04.2009, to respondent No.4 with regard to illegal construction.
2. In view of the same, the learned counsel for the appellants submits that his grievance has since been attended to. Hence, the writ appeals are disposed off.
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JUDGE JUDGE