Karnataka High Court
Sri Murali Krishna Naidu vs The Commissioner on 9 July, 2019
Author: G.Narendar
Bench: G.Narendar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF JULY, 2019
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
WRIT PETITION NO.18462/2018 (LB BMP)
BETWEEN
1. SRI MURALI KRISHNA NAIDU
S/O. LATE. RAMASWAMY NAIDU,
AGED ABOUT 65 YEARS,
2. SMT. RUBY MURALI
W/O. MURALI KRISHNA NAIDU,
AGED ABOUT 63 YEARS,
BOTH ARE R/AT. J.S. SPLENDOR,
103, 1ST FLOOR, 8TH CROSS,
MUNINANJAPPA LAYOUT,
RAMAMURTHY NAGAR,
BENGALURU - 560043.
... PETITIONERS
(BY SRI C V MANJUNATHA, ADV.)
AND
1. THE COMMISSIONER
BBMP, HEAD OFFICE,
HUDSON CIRCLE,
BENGALURU - 560002.
2. THE ASST. EXECUTIVE ENGINEER
BBMP,
HORAMAVU SUB-DIVISION,
BENGALURU - 560043.
3. SRI TIRUPATHI REDDY MANDALA
S/O. SRI. NARASIMHA REDDY MANDALA,
2
AGED ABOUT 41 YEARS,
R/AT. NO.84, 5TH CROSS,
8TH MAIN, HOYASALA NAGARA,
R.M. NAGAR,
BENGALURU - 560016.
ALSO AVAILABLE
AT SITE NO.22, 16TH CROSS,
3RD MAIN, WARD NO.25,
HOYSALA NAGARA,
HORAMAVU, BENGALURU - 560016.
... RESPONDENTS
(BY SRI ANAND R B, ADV. FOR R1 & R2,
SRI H.SUNIL KUMAR, ADV. FOR R3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-1 AND 2 TO CONSIDER REPRESENTATIONS AT
[ANNEXURE-E AND E1] BOTH DTD:27.2.2018 AND
SUBSEQUENT NOTICE DTD:2.4.2018 [ANNEXURE-H] ISSUED
BY THE PETITIONERS, REGARDING CONSTRUCTION MADE
BY THE RESPONDENT NO.3 IN HIS PROPERTY IN VIOLATION
OF SANCTIONED PLAN AND BUILDING BYE-LAW, TO TAKE
NECESSARY ACTION AND TO PASS NECESSARY ORDERS FOR
REMOVAL OF EXTENDED CONSTRUCTION OF ROOF MADE
TOWARDS PROPERTY OF THE PETITIONERS IN VIOLATION OF
SANCTIONED PLAN, AS PER LAW, MORE PARTICULARLY
REMOVAL OF THE OVER-EXTENDED/PROJECTED ROOF
PORTIONS ON THE SIDE OF PETITIONER'S PROPERTY TO
THAT EFFECT ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Heard the learned counsel for the petitioners and the learned counsel for the respondent Nos.1 and 2 and the learned counsel for respondent No.3.
2. The instant writ petition is preferred praying for a writ of mandamus to respondent Nos.1 and 2 to consider and dispose off the representations at Annexure-E and E1 both dated 27.02.2018 and the subsequent representation dated 02.04.2018 vide Annexure-H praying for action in accordance with law in respect of the construction being put-up by respondent No.3 and for removal of such construction put-up in violation of the sanction plan and contrary to the building bye-laws.
3. Learned counsel for the respondent Nos.1 and 2, would submits that proceedings have been initiated under the provisions of Section 321(1) of the Karnataka Municipal Corporations Act, 1976 and that pursuant to the notice, respondent No.3 had approached the Karnataka Appellate Tribunal and as no interim relief was granted 4 and final notice having been issued, they have already commenced the action for removal of the unauthorized portions. Learned counsel for respondent No.3 submits that respondent Nos.1 and 2 have virtually removed 90% of the unauthorized construction.
4. The submission of the learned counsel for respondent No.3 and respondent Nos.1 and 2 is placed on record. The relief sought for by the petitioners is virtually answered by respondent Nos.1 and 2.
In that view of the matter, placing on record the submissions made by the counsels for respondent Nos.1 to 3, the petition is disposed off.
In view of disposal of the main writ petition, I.A. 2/2019 for permission, does not survive for consideration.
Sd/-
JUDGE Chs* CT-HR