Karnataka High Court
Sri C M Prakash vs The Bruhat Bangalore Mahanagara Palike on 17 February, 2014
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NO.7901/2014 (LB-BMP)
BETWEEN:
Sri C.M. Prakash,
S/o. Sri C.M. Muniswamaiah Setty,
Aged about 58 years,
Residing at No.10, 1st Cross,
Kathriguppe East, Revenue (South),
Bangalore - 560 085. ...PETITIONER
(By Sri V.B. Shivakumar, Adv.)
AND:
1. The 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 Achukattu,
Municipal Building,
Bangalore - 560 028. ...RESPONDENTS
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This petition is filed under Articles 226 and 227 of
the Constitution of India, praying to direct the respondent
- Corporation to inspect the property on the
representation dated 16.11.2013 vide Annexure-P and
further issue an endorsement confirming that the
petitioner has removed the deviations as alleged and
contended in the notices issues under Ss.321(1), 321(2)
and 321(3) of the Karnataka Municipal Corporations Act,
vide Annexures - L and M.
This petition coming on for preliminary hearing this
day, the Court made the following:
ORDER
Petitioner is the owner of property bearing No.94/3, House List No.316, Kathriguppe, Uttrahalli Hobli, Bangalore South Taluk. He obtained plan and licence for undertaking construction. Finding that the construction is not being made in accordance with the sanctioned plan and the building licence, proceedings under S.321 of Karnataka Municipal Corporations Act, 1976 (for short, the Act) was initiated. Petitioner has instituted O.S. No.4103/2013, wherein, an interlocutory order having been passed, the matter is seized in MFA No.8108/2013. An order under S.321(3) of the Act having been passed, petitioner has filed Appeal No.1155/2013 in the Karnataka Appellate 3 Tribunal at Bangalore (for short, 'the Tribunal') . By an order dated 16.12.2013, the Tribunal has directed both parties to maintain status-quo. Operative portion of the said order reads as follows:
" Keeping open the issue of admission and the limitation, both the parties are hereby directed to maintain the status-quo as not to demolish of what has been constructed and as not to go ahead with the further construction in violation of the byelaws and the approved plan till the next date of hearing."
2. Petitioner having submitted a representation dated 16.11.2013 vide Annexure-P, seeking inspection of the property and to give a report that the deviations have been removed and the construction is within the building byelaws and the sanctioned plan and to issue occupancy / completion certificate, the request of the petitioner as per Annexure-P having not been complied with, this writ petition was filed to direct the respondents to inspect the property and issue endorsement confirming that the petitioner has removed the deviations, as noticed in the orders as at Annexures - L & M and for grant of consequential reliefs.
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3. Since the matter is pending before the Tribunal in Appeal No.1155/2013, the petitioner can make appropriate submission before the Tribunal and seek relief. This writ petition is nothing but multiplying litigation. In the circumstances, petition being misconceived, is liable to be rejected.
In the result, writ petition is rejected. However, liberty is reserved to the petitioner to seek appropriate relief in Appeal No.1155/2013 pending before the Tribunal.
The Tribunal shall consider the said appeal or the application filed therein in accordance with law expeditiously and within a period of three months from the next hearing date.
Sd/-
JUDGE sac*