Karnataka High Court
Sri. Krishna Chaitanya Edappa vs The Commissioner on 29 November, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29th DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.53666/2017 (LB-BMP)
BETWEEN:
SRI. KRISHNA CHAITANYA EDAPPA
S/O SRI. SUDHAKARAIAH EDAPPA
AGED ABOUT 30 YEARS.
REPRESENTED BY HIS GPA HOLDER
SRI. SUDHAKARAIAH EDAPPA
S/O E. SESHAIAH
AGED ABOUT 60 YEARS.
BOTH RESIDING AT R/AT NO.329 C
MYSORE PAPER MILL EMPLOYEES
HOUSE BUILDING CO-OPERATIVE SOCIETY LTD.,
MALLATHAHALLI VILLAGE
BANGALORE-560 056.
... PETITIONER
(BY SRI. Dr. G.G. SHASTRI, ADV.,)
AND:
1. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP)
N.R. SQUARE, BANGALORE-560 002.
2. THE ASSISTANT EXECUTIVE ENGINEER
RAJARAJESHWARI NAGAR, SUB-DIVISION
BRUHATH BANGALORE MAHANAGARA PALIKE
RAJARAJESHWARI NAGAR, BANGALORE-560 098.
... RESPONDENTS
(BY SRI. SHIVANANDA METI, ADV.,)
Date of Order 29-11-2017 W.P.No.53666/2017
Sri. Krishna Chaitanya Edappa Vs. The Commissioner, BBMP & Anr.
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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROVISIONAL ORDER DTD:2.11.2017 PASSED UNDER SECTION
321[1] OF KARNATAKA MUNICPAL CORPORATION ACT, 1976 BY
THE R-2 AT ANNEXURE-C & ETC.,
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Mr. Dr. G.G. Shastri, Adv. for Petitioner Mr. Shivananda Meti, Adv. for Respondents
1. The present writ petition is directed against the provisional order passed by the 2nd Respondent- Asst.Executive Engineer, Rajarajeshwari Nagar, BBMP, Bengaluru, under Section 321(1) of the KMC Act, 1976, vide Annexure-C on 02.11.2017. The petitioner has already filed his objections before the said Authority of BBMP vide Annexure-D on 07.11.2017 under Section 321(2) of the Act.
2. This writ petition has been filed on 25.11.2017 on the apprehension that the said Respondent without Date of Order 29-11-2017 W.P.No.53666/2017 Sri. Krishna Chaitanya Edappa Vs. The Commissioner, BBMP & Anr. 3/4 passing final order under Section 321(3) of the Act may undertake the demolition of the property in question.
3. This apprehension of the petitioner appears to be misconceived and the 2nd Respondent-Asst.Executive Engineer is duty bound in law to pass the appropriate orders under Section 321(3) of the Act, after considering the objections raised by the petitioner by passing appropriate orders, after giving him an opportunity of hearing in this regard and then pass orders under Section 321(3) of the Act.
4. Accordingly, the writ petition is disposed of with a direction to the petitioner to approach the said Respondent-Asst.Executive Engineer, Rajarajeshwari Nagar, BBMP, Bengaluru, and appear before him in the first instance on 06.12.2017 and a period of three weeks time is allowed to the said Respondent to pass appropriate speaking orders under Section 321(3) of the Act or drop the proceedings, if he is satisfied with the Date of Order 29-11-2017 W.P.No.53666/2017 Sri. Krishna Chaitanya Edappa Vs. The Commissioner, BBMP & Anr. 4/4 objections raised by the petitioner while passing such orders under Section 321(3) of the Act.
No precipitative action shall be taken against the petitioner in this regard till the final order either way is passed by the said Authority under Section 321(3) of the Act.
No costs.
Sd/-
JUDGE Srl.