Karnataka High Court
M/S Blue Star Lorry Services vs The State Of Karnataka on 3 August, 2010
Author: Ashok B.Hinchigeri
Bench: Ashok B.Hinchigeri
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3°° DAY OF AUGUST, 2010 BEFORE THE HON'BLE MR. JUSTICE ASHOK B5.. HINCHIGER]. WRIT PETITION Nw&22762-22776 (2010 CB. RES. ) BETWEEN: I. fo bad M/S BLUE STAR LORRY SERVICES... ©. (DEALER IN MACHINERY SPARE: PARTS). REP. BY ITS PROPRIETOR SRI (Ss FAYAZ AHMAD S/O SYED IBRAHIM , AGED ABOUT 51 YEARS - a SHOP NO.1, KIADB 'SHOPPING: COMPLEX. 100 FT ROAD, OPP. KEONICS BHAVAN PEENYA INDUSTRIAL AREA BANGALORE- 57 M/S SHYAM STEEL | (DEALER IN ALLOY STEELS) PROP. SRI RAVINDRA K. MURARKA S/O ABRAHAM MURARKA ©." AGED ABOUT 51 YEARS © . SHOP.NO. 2, KIADB SHOPPING COMPLEX 100 FT ROAD; OPP. KEONICS BHAVAN ~PEENYA INDUSTRIAL AREA, BANGALORE-5? SRI KETAN SANGHVI S/O VRAJALAL SANGVI AGED ABOUT 42 YEARS, oo. (STATIONERY BUSINESS) _ SHOP.NO, 3, KIADB SHOPPING COMPLEX ~ 100. FT..ROAD, OPP. KEONICS BHAVAN, _PEENYA INDUSTRIAL AREA, ". BANGALORE-57 7 M/S SANGHVI LUBRICANTS AND FASTNERS (DEALERS IN FASTNERS & LUBRICANTS) 6. ~d PROP. SMT PURVIS SANGHVI W/O PIYUSH SANGHY! AGED ABOUT 46 YEARS SHOP NO.4 KIADB SHOPPING COMPLEX 100 FT ROAD, OPP. KEONICS BHAVAN PEENYA INDUSTRIAL AREA, BANGALORE-57 SRI PL VIJAYAN oe S/O SANKUNNI NAIR AGED ABOUT 58 YEARS, (DEALERS IN LUBRICANTS) oe Bt SHOP NO. 5, KIADB SHOPPING COMPLEX. 100 FT. ROAD, OPP. KEONICS BHAVAN, PEENYA INDUSTRIAL AREA, BANGALORE-57 M/S ROSHAN SYNDICATE . (DEALERS IN LUBRIC ANTS AND COTO! N | WASTE) PROP. SRI ABDUL WAITD- a ce S/O ABDUL KHADIR... 9 AGED ABOUT 51: YEARS, a . SHOP NO.6. KIADB © SHOPPING COMPLEX, 100 FT. ROAD, GPP. KEONICS BHAVAN, PEENYA IND: USTRIAL AREA, _BANGALORE- 57 M/S SAGAR STEEL AND: T RANSPORT PROP. SMT. GIGI AlTY W/O LATE M. AJIT _ AGED. ABOUT 34 YEARS, ~ SHOP-NO.7, KIADB SHOPPING COMPLEX, "100 FT. RAOD, 'OPP. KEONICS BHAVAN, PEENYA: INDUS FRIAL AREA, BANGALORE- 57) M/S BHAGWATHI & CO o (DEALERS IN HARDWARE AND PIPES) ~ PRGP. RITESH KAPOOR S/O R.L. KAPOOR "AGED ABOUT 38 YEARS, SHOP NO.8, KIADB SHOPPING COMPLEX ~ 100 FT ROAD, OPP. KEONICS BHAVAN » PEENYA INDUSTRIAL AREA BANGALORE-57 M/S FARAAN ENTERPRISES (XEXOR BUSINESS) PROP. SMT AMEENA TAYABA W/O ALLAHBAKSH AGED ABOUT 35 YEARS, SHOP NO.9, KIADB SHOPPING COMPLEX 100 FT ROAD, OPP. KEONICS BHAVAN PEENYA INDUSTRIAL AREA, BANGALORE-57 > M/S AVINASH MKTG. CO (ELECTRODS BUSINESS) PROP. SRI AVINASH M BAJAJ S/O MADAN BAJAJ s AGED ABOUT 45 YEARS, | MS SHOP NO.10, KIADB SHOPPING-COMF PLEX 100 FT ROAD, OPP. KEONICS BHAVAN © | PEENYA INDUSTRIAL AREA, BANS SALORE- 57 M/S MANJUNATHA TIFFEN ROOM 0. BY ITS PROP. SRE K JAYARAM S/O" KODY GOWDA AGED ABOUT 44% YEARS, 100 FT ROAD, OPP, KE <ONICS BHAVAN BANGALGORE-57. . SRI KUTBUDDIN H NALAWALA S/O HATIMBHAI M NALAWALA AGED.ABOUT 45 YEARS, (TOOLS AND HARDWARE BUSINESS ~ SHOP. NO.12 KIADB SHOPPING COMPLEX 100 FT. RCAD OPP, KEONICS BHAVAN PEENY A INDUST RIAL AREA, BANGALORE-57 SRI SHIVALINGEGOWDA "<. S/O KODY GOWDA "AGED ABOUT 36 YEARS, -. (DAIRY PRODUCT BUSINESS) SHOP NO.13, KIADB SHOPPING COMPLEX "100 FEET ROAD, OPP. KEONICS BHAVAN . PEENYA INDUSTRIAL AREA < BANGALORE-57 l4. SMT LALITHA DEVI W/O BALWANT SINGH AGED ABOUT 40 YEARS, (PAN SHOP BUSINESS) SHOP NO.14 KIADB SHOPPING COMPLEX 100 FT ROAD, OPP.KEONICS BHAVAN PEENYA INDUSTRIAL AREA, BANGALORE-57 -- Is. M/S SIDDAGANGAMMA W/O NARASHIMA MURTHY AGED ABOUT 45 YEARS, (SNACKS COUNTER) SHOP NO.15, KIADB SHOPPING COMPLEX 100 FT ROAD, OPP KEONICS BHAVAN. PEENYA INDUSTRIAL AREA, BANGALORE- 37. _s,, PETITIONERS (BY SRIRF | SOMASHEKARAIAH, ADVOCATE) AND: re |. THE STATE OF KARNATA KA REP. BY ITS SECRETARY _-- DEPARTMENT OF Ti NDU STRIES, VIDHANA SOUDHA, 7 BANGALORE. | in THE KARNATAKA INDUSTRIAL AREAS ~ DEVELOPMENT BOARD (KIADB) ~ NOL 14/3, 2ND rLOOR, RP BUILDING, NWRUPATUNGA ROAD, BANGALORE. wae BY Is CHAIRMAN -. THE COMMISSIONER ~~" BRUHATH BANGALORE MAHANAGARA PALIKE ~ BANGALORE Fawr -- . RESPONDENTS
(BY SRI R DEVDAS, AGA FOR RI, SRI K KRISHNA, ADVOCATE FOR R2, SRI K N PUTTEGOWDA, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 225 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIREC! THE RESPONDENT No.3 NOT TO DEMOLISH THE SHOPS OF Fre PETITIONERS SITUATED AT KIADB COMPLEX, 100 FE, ROAL OPP. KEONICS BHAVAN, PEENYA INDUSTRIAL AREA,' - BANGALORE-57, BELONGING 'TO THE RESPONDENT No.2 WITHOUT DUE PROCESS OF LAW AND ETC... me THESE WRIT PETITIONS COMINGS ON FOR PRE. IMINARY HEARING THIS DAY, THE COURT MADE THEFOLLOWING? © ORDER.
The petitioners have once, again us to this iS Eo grh oon the marking of the buildings by | the offic als: of Br uhat Bangalore Mahanagara Palike CBBMP' for short) 'and. the parking of the bulldozers around "the "shopping > complex belonging to the respondent No.2. --
2. Sri R.P. Somashekaraah, the learned counsel for the petitioners, expresses the grave apprehension that the shop being occupied by the petiti ioners may be demolished overnight.
3. Si a Devdas, the learned Additional Government advo cate appearing for the respondent No.1 submits that there is no. cause of % action accrued to the petitioners to approach tris ~ Court. -
.. 4. Sri K. Krishna, the learned counsel for the responcent ~~ No.2 submits that it has called upon the respondent No.3 vide its RABY, letter, dated 29.10.2009 (Annexure-L) for conducting the joint survey for the purpose of demarcating the Rajakaluve frorn the . shopping complex erected by the respondent No.2. "purscant thereto the BBMP official appeared to have made some markings.
5. Sri K.N. Puttegowda, the iearned 'counsel Yor the respondent No.3 prays for the dismissal 'of these petitions. He brings to my notice the order passed by this, Court in the earlier round of litigation in wer. Nos.28362, 28861, 28870, 28869, 28872, 28860, 28864, 38863, 28856, 28873, 28871, 28967:
28865 and 28866 of 2009 fiied by the same parties. This Court, by its order, dated 5.10.2009 disposed of those petitions with on the following terms: a "3, Learned counsel for the third respondent
- submits that the third respondent will take aporopriate action in accordance with flaw after . following, tie procedure, passing appropriate orders oo and after providing an opportunity to the petitioner . "who is. the occupant of the shop in question and also : to the second respondent ~ KIADB. The submission of the learned counsel for the third respondent is
- placed on record. Accordingly the writ petition ts hereby disposed off."
AGH.
6. Sri Puttegowda submits that the petitioners appear to have approached this Court based on the apprehension only, He . submits that the official of BBMP are bound to act, Sut only in' accordance with law and in compliance with the direction issiies by this Court in the said writ petitions.
7. The petitioners' interest stand. pe votected by th this Court's - order passed in W.P.Nos. 28862, (28861, 28879, 28869, "28872, 28860, 28864, 28863, 28859, 28873 28873, 28867, 28865 and 28866 of 2009. If the: 'respondent No.3 "has. 'to demolish the shopping complex 'on finding that the 'shopping complex or ary portion thereot stands or protrudes on 'Rajakaluve, the same cannot be done without: putting. the petitioners on notice in compliance with this Court's order passed on 5.10.2009 in W.P.iN08.23652, 28861, 28270, 28869, 28872, 28860, 28864, 28863, 28859, 28873, 28871, 28867, 28865 and 28866 of 2009, Amplifying. 'the orders, passed in the said petitions, these petitions are disposed of.
Sd/-
JUDGE