Petitioners filed a PIL under Articles 226 and 227 seeking demolition of a building housing a school for mentally disabled children on a CA site. The Court held that given the 20-year usage, this was not a fit case to invoke extraordinary jurisdiction and declined to entertain the petition without examining legality.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ
WRIT PETITION NO.30799 OF 2018 (LB-BMP-PIL)
BETWEEN:
BENGALURU-560 079
S/O.VENKATAPPA AGED ABOUT 23 YEARS NO.137, 1ST FLOOR RAJEE ASHRAYA, 1ST CROSS CENTRAL EXCISE LAYOUT VIJAYANAGAR BENGALURU-560 040 ... PETITIONERS
(BY SHRI GANAPATHI S.SHASTRY, ADVOCATE)
AND:
(BY SHRI V.SREENIDHI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DEMOLISH THE BUILDING CONSTRUCTED IN PORTION OF PARK NO.3 SITUATED NEXT TO NACHIKETHANA SCHOOL, 23RD CROSS ROAD, CENTRAL EXCISE LAYOUT, MARENAHALLI, VIJAYANAGAR, BENGALURU AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners
and the learned counsel appearing for the respondents.
of a public interest litigation reads thus:
building constructed in portion of park No.3, situated next to Nachikethana School, 23rd Cross Road, Central Excise Layout, Marenahalli, Vijayanagar, Bengaluru”
restoration of the site after removal of the building.
Therefore, without going into the question of legality of the said building, we decline to entertain this petition and the same is accordingly disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
LB
1 issue framed by the court
Whether the Court should entertain a writ petition seeking demolition of a building used as a school for mentally disabled children on a CA site.
1 provisions across 1 enactments
Sri Prasad K.A. and others
Commissioner Bruhat Bangalore Mahanagara Palike
Abhay S. Oka
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
