Sri C Balakrsihana Reddy vs The State Of Karnataka on 19 July, 2016

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Karnataka High Court

Sri C Balakrsihana Reddy vs The State Of Karnataka on 19 July, 2016

Bench: Vineet Kothari

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF JULY, 2016

                       BEFORE

      THE HON'BLE Dr.JUSTICE VINEET KOTHARI

      WRIT PETITION No.18398 OF 2016(LB-BMP)

BETWEEN
SRI C BALAKRSIHANA REDDY
S/O LATE CHANGA REDDY,
AGED ABOUT 65 YEARS,
RESIDING AT NO.16, NEW (26),
10TH CROSS, YELLAPPA GARDEN,
MALLESHWARAM,
BENGALURU 560003
                                      ...PETITIONER
(BY SRI G B MANJUNATHA, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      MUNICIPAL ADMINISTRATION DEPARTMENT
      VIKAS SOUDHA
      BENGALURU 560001
      REPRESENTED BY ITS SECRETARY

2.    THE COMMISSIONER
      BBMP, NRUPATUNGA ROAD
      BENGALURU 560002

3.    THE JOINT COMMISSIONER
      (WEST) BBMP
      NEAR RAJIVE GANDHI STATUE
      OPPOSITE MANTRI MAHAL
      MALLESHWARAM, BENGALURU 03
                       Date of order :19.07.2016 in WP No.18398/2016
                                              C.Balakrishna Reddy vs.
                                    The State of Karnataka and Others

                            2/4


4.   ASSISTANT EXECUTIVE ENGINEER
     GANDHINAGAR SUB-DIVISION
     GOOD SHED ROAD, GANDHINAGAR
     BENGALURU 560009

5.   M/S.THIRU MARGADARSHI
     CONSTRUCTION PVT. LTD.,
     REPRESENTED BY ITS DIRECTOR
     SMT.VANI NARAYANA
     W/O NARAYANA
     MAJOR IN AGE
     RESIDING AT NO.8 (PID NO.6-11-8)
     10th CROSS ROAD
     YELLAPPA GARDEN,
     MALLESHWARAM,
     BENGALURU-560 003.
[Amended vide Court Order dated 22.4.2016]

6.   MRS.SUMITHRA
     W/O LATE LAKSHMIPATHIRAJU.N
     AGED ABOUT 55 YEARS
     R/AT 13, 10TH CROSS ROAD
     YELLAPPA GARDEN
     MALLESHWARAM
     BENGALURU-560 003.
                                                ...RESPONDENTS
(BY SRI V SREENIDHI, AGA FOR R1
SRI K N PUTTE GOWDA, ADVOCATE FOR R2 TO R4
SRI K M SHIVAYOGISWAMY, ADVOCATE FOR R6
R5 IS SERVED AND UNREPRESENED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF MANDAMUS DIRECTING THE R-2 TO 4 TO INITIATE
LEGAL ACTION IN ACCORDANCE WITH PROVISIONS OF
SECTION 321 OF KMC ACT AGAINST R-5 & 6 AND ETC.,


     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
                         Date of order :19.07.2016 in WP No.18398/2016
                                                C.Balakrishna Reddy vs.
                                      The State of Karnataka and Others

                              3/4



                            ORDER

Mr.G B Manjunatha, Adv. for Petitioner. Mr.V Sreenidhi, AGA for R1.

Mr.K N Putte Gowda, Adv. for R2 to R4. Mr.K M Shivayogiswamy, Adv. for R6.

1. In view of the fact that, admittedly, the appeal filed by respondent No.5, Prabhavathy Nagaraj J.R, later on substituted by M/s.Thiru Margadarshi Construction Private Limited, vide order dated 22.04.2016, namely, Appeal No.433/2016 is pending before the Karnataka Appellate Tribunal (KAT), in which, an interim order was granted by the Tribunal on 14.06.2016 and the next date of hearing is stated to be set on 13.09.2016, this writ petition filed by the complainant-petitioner Mr.C.Balakrishna Reddy is disposed of with a direction to the petitioner to seek his impleadment in that appeal before the Tribunal and the Tribunal is directed to implead the petitioner as a party therein and after hearing all the parties, dispose of the appeal expeditiously.

Date of order :19.07.2016 in WP No.18398/2016 C.Balakrishna Reddy vs. The State of Karnataka and Others 4/4

2. Accordingly, this writ petition is disposed of.

In view of disposal of this petition, I.A.No.2/2016 for direction does not survive for consideration and is dismissed as infructuous.

Sd/-

JUDGE mv

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