Karnataka High Court
Mr. Hemanth Kumar Chhajed vs The Commissioner on 28 March, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 9983 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.9983 OF 2021 (LB-BMP)
BETWEEN:
MR. HEMANTH KUMAR CHHAJED
AGED ABOUT 49 YEARS
S/O LATE VEERCHAND CHHAJED
RESIDING AT NO.46
WEST ANJANEYA TEMPLE STREET
BASAVANAGUDI
BENGALURU-04
SINCE DECEASED BY L.R.s
A) MRS. LALILTHA H CHHAJED,
AGED ABOUT 43 YEARS
W/O LATE. HEMANTH KUMAR CHHAJED
B) MR. RAKSHITH H. CHHAJED,
AGED ABOUT 23 YEARS,
S/O LATE HEMANTH KUMAR CHHAJED
Digitally signed
by C) MISS SAMYUKTHA H CHHAJED,
NARAYANAPPA
LAKSHMAMMA AGED ABOUT 20 YEARS,
Location: HIGH D/O LATE HEMANTH KUMAR CHHAJED
COURT OF
KARNATAKA
L.R.s A TO C ARE RESIDING AT
NO. 46, WEST ANJANEYA TEMPLE STREET
BASAVANAGUDI
BENGALURU-04
...PETITIONERS
(BY SRI. RAJAGOPALA NAIDU., ADVOCATE)
AND:
1. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
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WP No. 9983 of 2021
N R SQUARE
BENGALURU
2. THE ASSISTANT EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE
WARD NO.142 KEMPEGOWDA SUB DIVISION
BBMP PARKING COMPLEX, J C ROAD
BENGALURU-02
3. MR T. NAGARAJA RAO
MAJOR BY AGE
RESIDING AT FRONT PORTION OF PROPERTY NO.9
WEST ANJANEYA TEMPLE STREET
BASAVANAGUDI
BENGALURU-04
...RESPONDENTS
(BY SRI. M.A. SUBRAMANI, ADVOCATE FOR R1 & R2;
R3-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS 1 & 2 TO CONSIDER
REPRESENTATION DATED: 27/02/2020 AS PER ANNEXURE-F AND TO
DEMOLISH THE ILLEGALLY ERECTED BUILDING OF THE 3RD
RESPONDENT AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue a writ of mandamus directing the respondents 1 & 2 to consider representation dated: 27/02/2020 as per Annexure-F and to demolish the illegally erected building of the 3rd respondent.-3- WP No. 9983 of 2021
b. Issue a writ of Mandamus directing the 3rd respondent to demolish the building construction on property bearing No.9, WAT Street, Basavanagudi, Bengaluru- 04 as it is contrary to the provisions of KMC Act 1976.
c. Issue any other writ or direction or any relief that this Hon'ble Court deems fit to grant in the facts and circumstances of the case including the order as to costs.
2. The grievance of the petitioner is that despite the complaints and representations submitted by the petitioner to respondents No.1 and 2 as regards the constructions carried out by respondent No.3 in violation of sanctioned plan and deviation of the bye-laws, no action has been taken by respondents No.1 and 2.
3. Sri.M.A.Subramani, learned counsel for respondents No.1 and 2 has filed a memo enclosing therewith the provisional order dated 06.1.2023 issued under Section 248(1) of the BBMP Act, 2020 (for short, 'the Act'), show cause notice dated 06.01.2023 issued under Section 248(2) of the Act, and confirmation order dated 17.01.2023 issued under Section 248(3) of the Act, and thereafter, an order has been passed -4- WP No. 9983 of 2021 under Section 356 of the Act. The learned counsel for the petitioner submits that the BBMP proposes challenge the orders passed under Sections 248(1), 248(2) and 356 of the Act.
4. In view of the above submission made by Sri.M.A.Subramani, learned counsel for respondents No.1 and 2 and the learned counsel for the petitioner, no further direction could be issued except to observe that once the appeal before the Chief Commissioner is disposed, the Corporation to take necessary action in accordance with law.
5. With the above observations, the Writ Petition is disposed.
Sd/-
JUDGE PRS List No.: 1 Sl No.: 25