Sri. R Parasmal vs The Commissioner on 8 July, 2016

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Karnataka High Court

Sri. R Parasmal vs The Commissioner on 8 July, 2016

Bench: Vineet Kothari

                              Date of Order 8.7.2016 W.P.No.33215/2016
                            Sri. R. Parasmal Vs The Commissioner & Ors.

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 08th DAY OF JULY 2016

                        BEFORE

     THE HON'BLE Dr.JUSTICE VINEET KOTHARI

       WRIT PETITION No.33215/2016(LB-BMP)

BETWEEN:

SRI. R. PARASMAL
S/O LATE ROOPCHAND
AGED ABOUT 74 YEARS
R/AT. No.E/3, NEW GHORIPALYA
1ST CROSS, JAGJEEVANRAMNAGAR
BENGALURU - 560 018.
                                               ...PETITIONER
(BY SRI. SHANKAR G, ADV.)

AND:

1.     THE COMMISSIONER
       BRUHATH BENGALURU MAHANAGARA PALIKE
       N.R. SQUARE, BENGALURU - 560 002.

2.     THE JOINT COMMISSIONER
       BRUHATH BENGALURU MAHANAGARA PALIKE
       DASARAHALLI DIVISION (NEAR MEI COLONY)
       HESARAGHATTA MAIN ROAD
       BENGALURU - 560 057.

3.     ASSISTANT EXECUTIVE ENGINEER
       PEENYA INDUSTRIAL AREA SUB-DIVISION
       BRUHATH BENGALURU MAHANAGARA PALIKE.

4.     SRI. JAGADISHCHANDRA JAIN
       S/O VARDHI CHAND JAIN
       AGED ABOUT 47 YEARS
       "SANWARIYA HOUSE", No.118/1B2
       RAJAGOPAL NAGAR MAIN ROAD
       PEENYA 2ND STAGE, BENGALURU - 560 058.

                                            ...RESPONDENTS

     THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO
                            Date of Order 8.7.2016 W.P.No.33215/2016
                         Sri. R. Parasmal Vs The Commissioner & Ors.

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DEMOLISH THE ILLEGAL AND UNAUTHORISED STRUCTURE
PUT UP BY THE R-4 IN PURSUANCE OF THE NOTICES ISSUED
AS PER ANNEXURE-B AND D AS REQUIRED UNDER SECTION
462 OF THE KARNATAKA MUNICIPAL CORPORATION ACT.

      THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-


                        ORDER

Mr. Shankar G, Adv. for Petitioner

1. In the present case, admittedly a civil suit O.S.No.3587/2015 is pending between the parties in the court of City Civil Judge (CCH-28), Bengaluru.

2. Counsel for the petitioner urged that the respondent-BBMP is not taking any action against the 4th respondent despite the orders already passed under Section 321 of the Karnataka Municipal Corporations Act and therefore, a mandamus direction may be given to them.

3. Having heard the learned counsel for the petitioner, this Court is of the clear opinion that since the suit between the parties including the BBMP is pending in the competent civil court, the present petitioner who is a defendant in the said suit, has to Date of Order 8.7.2016 W.P.No.33215/2016 Sri. R. Parasmal Vs The Commissioner & Ors. 3/3 approach the trial court itself for the requisite relief and let the trial court pass appropriate orders on such application to be filed by the present petitioner. The litigation cannot be permitted to be multiplied by such off shoot litigation brought before different forums.

4. The writ petition is not only misconceived but is found to be devoid of merits and the same is liable to be dismissed and accordingly, it is dismissed. No costs.

Sd/-

JUDGE Srl.

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