The petitioners sought implementation of an earlier order regarding a structure subject to this petition. The high court observed that the structure had already been demolished and held that no discretion needed to be exercised thus disposing the writ petition without further relief.
No relief granted as the subject structure has been demolished.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2020 PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY WRIT PETITION NO.5005/2019 (LB-BMP-PIL)
BETWEEN
(BY SRI YOGESH V. KOTEMATH, ADVOCATE FOR SRI VIRUPAKSHAIAH P H, ADVOCATE)
AND
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VIDHANA SOUDHA BANGALORE – 560 001
4 . THE TAHSILDAR BANGALORE NORTH TALUK KANDHAYA BHAWAN BANGALORE – 560 009
5 . SURESH S/O LATE KRISHNA MURTHY ARCHAK ANJANEYA SWAMY TEMPLE NEAR BRINDAVAN ALLOYS PEENYA 2ND STAGE BBMP, WARD NO.41 RAJAGOPALANAGARA, 17TH CROSS BANGALORE – 560 058 …RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, AGA FOR R-1 & 4; SRI ASHWIN S. HALADY, ADVOCATE FOR R-2 & 3 SRI PRAVEEN KUMAR HIREMATH, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 4 TO IMPLEMENT AND GIVE EFFECT TO THE ORDER PASSED BY THE COMMISSIONER, DASARAHALLI CITY MUNICIPALITY, BENGALURU ON 20.11.2001 VIDE ANNEXURE-D AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
Perused the memo dated 19th November 2020 and the photographs annexed thereto. The photographs indicate that the structure subject matter of this petition has been demolished. This fact is accepted by the learned counsel appearing for the petitioners. Hence, it is not necessary to grant any relief in this petition.
disposed of.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
bkv
2 issues framed by the court
Whether relief needs to be granted when the subject structure has been demolished.
Whether the fifth respondent is entitled to an order of rehabilitation for being a minor child and senior citizen.
1 provisions across 1 enactments
D. Gangappa S/o Late Doddiah
Marappareddy S/o Late Kadarappa
Bylamma W/o Late Marappa
State of Karnataka Represented by its Secretary Urban Development Department
The Commissioner Bruhat Bangalore Mahanagara Palike
The Joint Commissioner Bruhat Bangalore Mahanagara Palike
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
