Karnataka High Court
L Shankarlal Mali vs The Commissioner on 5 November, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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WP No.46330/2013
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF NOVEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
W.P.No.46330/2013(LB-BMP)
BETWEEN
L.SHANKARLAL MALI
S/O SRI LACHIRAMJI MALI
AGED ABOUT 41 YEARS
RESIDING AT NO.153
EWBS, 2ND FLOOR, 3RD A CROSS
4TH MAIN, 1ST STAGE, KHB COLONY
BASAVESHWARANAGAR
BANGALORE-560079 ... PETITIONER
(BY SRI SATYANAND B.S., ADVOCATE)
AND
1. THE COMMISSIONER
BRUTH BANGALORE MAHANAGARA
PALIKE, CORPORATON BUILDINGS
HUDSON CIRCLE
BANGALORE-560 002
2. THE ASST. EXECUTIVE ENGINEER
BRUTH BANGALORE MAHANAGARA
PALIKE, LAGGERE SIB-DIVISION
1ST MAIN ROAD, 3RD BLOCK
J.N.PARK COMPOUND, NAGARBHAVI
2ND STAGE, BANGALORE-560 072
3. THE STATION HOUSE OFFICER
KAMAKSHIPALYA POLICE STATION
BANGALORE-560 079
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WP No.46330/2013
4. MRS.M.SAROJA
W/O MR.Y.MANJUNATHA
AGED ABOUT 45 YEARS
5. MR.Y.MANJUNATHA
S/O MR.YERAPPA
AGED ABOUT 48 YEARS
BOTH R/AT NO.16/39, 2ND MAIN ROAD
K.G.S.LAYOUT, VIJAYANAGAR
BANGALORE-560 040 ... RESPONDENTS
(BY SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 & R2;
SRI D.NAGARAJ, AGA FOR R3;
SRI NAGAIAH, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE
ISSUED BY THE R2 DT.30.9.2013 VIDE ANNX-K AND ISSUE A WRIT
OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT TO THE R-2 &
3 TO ALLOW THE PETITIONER TO PEACEFULLY CARRY ON THE
CONSTRUCTION WORK OVER THE SCHEDULE PROPERTY BY
PROVIDING APPROPRIATE POLICE PROTECTION TO THE
PETITIONER AS REQUESTED AS PER ANN-B.
THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
Heard. The impugned notice dated 30.09.2013 (Annexure-K) was issued pursuant to an interim order passed by this Court in W.P.No.37976 of 2013. As the said writ petition is disposed of today, the interim order would cease to be in force. Consequently, the impugned notice, -3- WP No.46330/2013 which is issued on the basis of the interim order, is liable to be set aside. Accordingly, the impugned notice dated 30.09.2013 (Annexure-K) is set-aside.
2. However, this order will not come in the way of the BBMP to take any action against the petitioner in accordance with law, if it is found that the construction put up on the property in question is in violation of the sanctioned building plan & licence granted to the petitioner.
Petition disposed of.
Sd/-
JUDGE Yn.