Karnataka High Court
Sri.B.Ramaiah vs The Assistant Executive Engineer on 28 March, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.4758 OF 2022 (LB-BMP)
BETWEEN:
SRI.B.RAMAIAH,
S/O LATE BETTAIAH,
AGED ABOUT 54 YEARS,
R/AT NO 150, 4TH CROSS,
4TH MAIN, 10TH BLOCK,
NEAR SBETTADA GANAPATHI TEMPLE,
B.D.A. LAYOUT, II STAGE,
NAGARABHAVI, BENGALURU - 560 072.
...PETITIONER
(BY SRI. ANIL KUMAR.R, ADVOCATE)
AND:
THE ASSISTANT EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA
PALIKE, KOTTIGEPALYA WARD NO 73,
BENGALURU - 560 072.
...RESPONDENT
(BY SRI. PRASHANTH CHANDRA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSIDER THE REPRESENTATION DATED
10.11.2021 MADE BY THE PETITIONER VIDE ANNEXURE-A
CONSEQUENTLY DIRECT THE RESPONDENT TO DEMOLISH THE
ILLEGAL CONSTRUCTION, BY FOLLOWING DUE PROCESS OF
LAW, ON THE PORTION OF SITE NO.131, SITUATED AT 10TH
BLOCK, NAGARABHAVI, II STAGE, BDA LAYOUT, LAGGERE SUB
RANGE, R R NAGAR RANGE, WARD NO.73, BENGALURU-560072.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
2
ORDER
The short grievance of the petitioner is as to non- consideration of his representation dated 10.11.2021, a copy whereof is at Annexure-A in which some grievance as to unauthorized construction of neighbouring building in violation of bye laws is made.
2. Learned senior Panel Counsel on request appearing for the respondent opposes the petition contending that the full particulars are not disclosed in the representation itself and thus, it is bereft of material particulars. Having so contended, he now graciously agrees to consider the grievance of petitioner in accordance with law and in a time bound way if already that has not been done. This is an appreciable gesture.
In the above circumstances, petition is disposed off placing the assurance made on behalf of the respondent, on record.
All contentions are kept open.
Time for compliance is six weeks.
Sd/-
JUDGE DS