Karnataka High Court
Mr Dilip James vs Bruhat Bengaluru Mahanagara Palike on 14 June, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT APPEAL NOS.1094-1095 OF 2016 (LB-BMP)
BETWEEN
1. MR. DILIP JAMES
S/O MR. BABY JAMES
AGED ABOUT 53 YEARS
R/AT NO.402, OUTER CIRCLE
WHITEFIELD
BENGALURU-560066
2. MS.DEEPA PECK
W/O LATE MR.G.A.PECK
AGED ABOUT 63 YEARS
R/AT NO.406, OUTER CIRCLE
WHITEFIELD
BENGALURU-560066
... APPELLANTS
(BY SMT. JAYNA P. KOTHARI, ADVOCATE)
AND
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BENGALURU-560002
REPRESENTED BY THE COMMISSIONER
2. THE ASSISTANT ENGINEER (WHITEFIELD)
BRUHAT BENGALURU MAHANAGARA PALIKE
MAHADEVAURA, BENGALURU-560048
3. SAFARI KID
NO.347, OUTER CIRCLE
WHITEFIELD
BENGALURU-560066
2
AND HAVING ITS INDIA OFFICE AT
BATUL KARI, BORAN ROAD
OPPOSITE RELIANCE TRENDS
OFF HILL ROAD, BANDRA
MUMBAI-400050
... RESPONDENTS
(BY SRI B V MURALIDHAR, ADVOCATE FOR R-1 & 2;
SRI RAVI H K, ADVOCATE FOR R-3)
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN WRIT PETITION NOS.22383-
22384/2016 DATED 29/04/2016.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
These appeals are directed against the judgment and order dated April 29, 2016, passed by the Hon'ble Single Judge, disposing of Writ Petition Nos.22383 to 22384 of 2016.
2. The respondent No.3 in the writ petitions is, allegedly, trying to open a play school/pre-school for the children upto upper kindergarten classes. It is submitted that such opening of kindergarten school in the residential zone is not permitted under the zoning regulations.
3. We feel that justice will be subserved, if liberty is granted to the writ petitioners -appellants to make a representation addressed to the Commissioner, Bruhat Bengaluru Mahanagara Palike, by two weeks. 3
4. If such a representation is made, the said Commissioner shall consider the same, after giving opportunities of hearing to the writ petitioners, the representative of the respondent No.3 and any other person concerned in the matter, within a period of two months from the date of submission of such representation.
5. Till such time, the respondent No.3 is directed not to start the school at the premises-in-dispute.
6. The order impugned stands modified as above.
7. The writ petitions stand disposed of.
8. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv