Miss N Anitha vs N Ashok Reddy on 2 November, 2018

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Karnataka High Court

Miss N Anitha vs N Ashok Reddy on 2 November, 2018

Bench: Ravi Malimath

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 02ND DAY OF NOVEMBER 2018

                         BEFORE

         THE HON'BLE MR.JUSTICE RAVI MALIMATH

                W.P.No.38582 OF 2013(LB-BMP)

BETWEEN:

Miss N. Anitha
Daughter of K. R. Narayana Reddy
Aged about 40 years
No.T-3, 10/1, Shri Lakshmi Nivas
4th Cross, Vishweshwaraiah Layout
Cholanagar, R.T.Nagar Post
Bangalore-32                            ... Petitioner

               (By Sri B.N.Umesh, Advocate)
AND:

1.     N. Ashok Reddy
       Son of Late H.M.Narayana Reddy
       Aged about 45 years
       No.84/1A, Doddamma Temple Road
       Hulimavu Village, Bannergatta Post
       Begur Hobli, Bangalore-76

2.     The Commissioner
       Bruhath Bangalore Mahanagara Palike
       N.R.Square, Bangalore-02

3.     The Assistant Executive Engineer
       Bruhath Bangalore Mahanagara Palike
       Bommanahalli Sub-Division
       Bangalore South, Bangalore-72 ...Respondents

                (By Sri Vachan.B, Adv. for R-1,
         Sri.I.G.Gachchinamath, Adv. For R2 and 3)

     This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to issue writ of
mandamus to the R2 and R3 to stop illegal construction
                                2


being put up by the R1 upon the encroached schedule
property of the petitioner without sanction plan in square
violation of the relevant provisions of KMC Act, & Building
Bye-laws of BBMP by acting upon the representation i.e.,
Ann-F. and etc.

      This writ petition, coming on for Preliminary Hearing
"B" Group, this day, the Court made the following:

                            ORDER

Petitioner seeks for a writ of mandamus to direct respondent Nos. 2 and 3 to consider his representation vide Annexure-F. In terms of the representation it is indicated that respondent No.1 is putting up an illegal construction without any valid documents and appropriate building sanctions, etc.

2. The writ was filed in the year 2013. Even as on date, no objection has been filed by the respondents. Under these circumstances, respondent Nos. 2 and 3 are directed to consider the representation of the petitioner vide Annexure-F and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

SD/-

JUDGE Cm/-

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Karnataka High Court