Shri C M Prakash vs Bruhat Bangalore Mahanagara Palike on 13 December, 2016

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Karnataka High Court

Shri C M Prakash vs Bruhat Bangalore Mahanagara Palike on 13 December, 2016

Bench: Vineet Kothari

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            Dated this the 13th day of December, 2016

                              Before

         THE HON'BLE DR. JUSTICE VINEET KOTHARI

           WRIT PETITION No.44196/2014 (LB-BMP)
Between:
Shri. C.M. Prakash
S/o C.M. Muniswamaiah Setty
Aged about 58 years
R/at. No.10, 1st Cross
Kathriguppe East, Revenue (South)
Bangalore - 560 085.
                                                  .. Petitioner
(By Mr. V.B. Shiva Kumar. Advocate)

And:

1.     Bruhat Bangalore Mahanagara Palike
       Corporation Offices
       N.R. Square, J.C. Road, Bangalore - 560 002
       Represented by its Commissioner.

2.     The Assistant Executive Engineer
       Bruhat Bangalore Mahanagara Palike
       Girinagar Sub-Division
       Channammanakere Achchukattu
       Municipal Building, Bangalore - 560 028.
                                                  ... Respondents
(By Mr. G. Nagarajulu Naidu, Advocate)

                                 ***
     This Writ Petition is filed under Articles 226 and 227 of the
Constitution of India, praying to quash the order dated 25-08-2014
passed by the Karnataka Appellate Tribunal in Appeal
No.1155/2013 vide Annex-A.
                            Date of Order 13-12-2016 W.P.No.44196/2014
                                                  Shri. C.M. Prakash Vs.
                             Bruhat Bangalore Mahanagara palike & Anr.

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     This Writ Petition coming on for Preliminary Hearing in 'B'
Group this day, the Court made the following:

                           ORDER

Mr. V.B. Shiva Kumar. Advocate for Petitioner Mr. G. Nagarajulu Naidu, Advocate for Respondents

1. The learned counsel for the petitioner submits that the petitioner has removed the deviations in the construction and a report to this effect has been furnished by the second respondent to the Head of the Legal Cell, BBMP, Bengaluru. A memo is filed to this effect today in Court.

2. The learned counsel for the Respondent - BBMP does not dispute the position.

3. Since the deviations have now been removed and the Respondent - BBMP does not contest this, the petition is disposed of as having become infructuous and the impugned orders at Annexure B and C, both dated 18/06/2013 and Annexure D dated 13/09/2013 under Section 321 of the Karnataka Municipal Corporations Act, 1976, are set aside. No Costs.

Date of Order 13-12-2016 W.P.No.44196/2014 Shri. C.M. Prakash Vs. Bruhat Bangalore Mahanagara palike & Anr. 3/3 Copy of this order may be sent to the Respondents forthwith.

Sd/-

JUDGE BMV*

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