Karnataka High Court
Sri Manjunatha K vs The Commissioner on 18 October, 2016
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER 2016
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.51594/2016 (LB-BMP)
BETWEEN:
SRI. MANJUNATHA K
S/O KODANDA RAMAREDDY
AGED ABOUT 36 YEARS
OPP: KOSHY'S HOSPITAL
NO.28, 2ND BLOCK, 3RD MAIN
HORAMAVU ROAD
RAMAMURTHY NAGAR
BENGALURU - 560 016.
...PETITIONER
(BY SRI. G.M. NATARAJ, ADV.)
AND:
1. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
(BBMP) HUDSON CIRCLE, BANGALORE-02.
2. THE ASSISTANT EXECUTIVE ENGINEER
BEGUR SUB-DIVISION
BRUHAT BANGALORE MAHANAGARA PALIKE
(BBMP) No.344, 7TH CROSS
DUO HEIGHTS LAYOUT, BEGUR
BENGALURU - 560 114.
3. THE SPECIAL COMMISSIONER (PROJECT)
BRUHAT BANGALORE MAHANAGARA PALIKE
(BBMP) HUDSON CIRCLE
BENGALURU - 560 002.
4. K.S. LIKITHA
D/O Mr. K.N. SHEKAR
AGED ABOUT 26 YEARS
R/O. No.625, 'SRI NARAYANA KRUPA'
17TH 'A' MAIN, 6TH BLOCK
KORAMANGALA, BENGALURU - 95.
...RESPONDENTS
Date of Order 18.10.2016 W.P.No.51594/2016
Manjunatha K Vs. The Commissioner & Ors.
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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 3 TO
TAKE NECESSARY ACTION AGAINST R-4 IN ACCORDANCE WITH
SEC. 321 OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT
1976 IN PURSUANCE OF ANNEX-E AND DEMOLISH THE
CONSTRUCTIONS SO FAR MADE IN VIOLATION OF LAW AND
WITHOUT OBTAINING APPROVED BUILDING PLAN.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Mr. G.M. Nataraj, Adv. for Petitioner
1. The present petitioner has filed this writ petition with the following prayers:-
" (i) Issue a writ of mandamus directing the Respondent No.1 to 3 to take necessary action against Respondent No.4 in accordance with Sec.321 of the Karnataka Municipal Corporations Act 1976 in pursuance of ANNEXURE-E and demolish the constructions so far made in violation of law and without obtaining approved building plan;
(ii) Pass such other order or orders as may be just and necessary in the facts and circumstances of the case".
2. The grievance of the present petitioner is that the 4th respondent - K.S.Likitha, is raising illegal construction without any plan duly sanctioned by the respondent-BBMP and while on the one hand, the Date of Order 18.10.2016 W.P.No.51594/2016 Manjunatha K Vs. The Commissioner & Ors. 3/4 present petitioner complained to the respondent-BBMP by way of representation and the same was not decided and no action was taken against the private respondent and on the other hand, the private respondent has gone on raising the construction on the site in question.
3. From the facts narrated in the present writ petition and from the arguments of the learned counsel for the petitioner, it appears to be a fit case for filing a civil suit and such a grievance cannot be raised in the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, since the case obviously involves the determination of questions of facts before any mandamus direction can be issued to the concerned Authorities of the respondent-BBMP, which is a public Authority subject to the writ jurisdiction under Article 226 of the Constitution of India 'State' within the meaning of Article 12 of the Constitution of India.
4. Therefore, it is for the petitioner to either pursue his remedy before the Authorities of the Date of Order 18.10.2016 W.P.No.51594/2016 Manjunatha K Vs. The Commissioner & Ors. 4/4 respondent-BBMP and if the respondent-BBMP is not responding to his grievance, he can file a civil suit impleading the respondent-BBMP also as defendant in the said suit.
5. With the aforesaid liberty to the petitioner and observations, the present writ petition is dismissed. No costs.
Sd/-
JUDGE Srl.