Disposed

Mr. Bk Panduranga v. Bruhat Bengaluru Mahanagara Palike

Karnataka HC10 Dec 2021WP/13513/2020

Case brief

AI extract

What is this about?

Petitioner sought cancellation of license for commercial activity in residential locality. Court disposed of petition accepting respondents undertaking to vacate premises by 28.02.2022, with liberty for violation.

What did the court decide?

Disposed of the petition accepting undertakings to vacate premises by 28.02.2022; liberty granted to initiate proceedings for violation.

Mr. Bk Panduranga Vs Bruhat Bengaluru Mahanagara… — Writ and Judicial Review | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 10^TH DAY OF DECEMBER,2021

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE M.NAGAPRASANNA

¶6

WRIT PETITION NO.13513 OF 2020 (LB-BMP)

¶7

BETWEEN:

¶8

MR. B.K. PANDURANGA S/O. LATE B.L. KUPPASWAMY NAIDU AGED ABOUT 60 YEARS R/A NO.571, 3^RD CROSS 15^TH MAIN, 4^TH BLOCK, KORAMANGALA BANGALORE.

¶9

…PETITIONER (BY MISS. KRISHIKA VAISHNAV FOR SRI. A. MAHESH CHOWDHARY, ADVOCATES)

¶10

AND:

¶11

BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE BENGALURU-560 001. REPRESENTED BY ITS COMMISSIONER

¶12

THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE TOWN PLANNING, MAHADEVAPURA RANGE, BENGALURU-560 048.

¶13

HEALTH OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE BTM LAYOUT BENGALURU-560 048.

¶14

¶15

MR. SRIMANTO BHATTACHARYA SPEARHEAD, INTER SEARCH NO.570, 3^RD CROSS, 15^TH MAIN 4^TH BLOCK KORAMANGALA BENGALURU-560 034.

¶16

MRS. TANVI PRADEEP NO.570, 3^RD CROSS, 15^TH MAIN 4^TH BLOCK KORAMANGALA BENGALURU-560 034.

¶17

...RESPONDENTS

¶18

(BY SRI. K.N. PUTTEGOWDA, ADVOCATE FOR R1 TO R3, SRI. CHANDAN, ADVOCATE FOR R4 AND R5)

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION OR WRIT IN THE NATURE OF MANDAMUS TO R1 TO R3, INSPECT THE PREMISES IN DISPUTE AND IF THE LICENSE ISSUED IS IN VIOLATION OF THE REVISED MASTER PLAN 2015 TO CANCEL THE SAME, ETC.,

¶20

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

O R D E R

¶22

The allegation in the petition is that the 4^th and 5^th respondents are undertaking commercial activities in a residential locality, contrary to law. After issuance of notice, the 4^th and 5^th respondents have filed an affidavit undertaking that they would vacate premises on or before 28.02.2022. The affidavit of undertaking filed by respondents No.4 and 5, reads as follows;

¶23

¶24

Respondent No.4:

¶25

"I, Mr. Srimanto Bhattacharya, aged about 43 years, S/o. S. Bhattacharya, residing at No.570, 3^rd Cross, 15^th Main, 4^th Block Koramangala, Bengaluru-560 034, do hereby solemnly affirm and state on oath as follows:

¶26

1. I state that, I am the 4^th respondent in the above case and I am aware of the facts and circumstances of the case and hence depose to this Affidavit.

¶27

2. I state that, I am residing in the above mentioned address and am also carrying out human resource consultancy profession in the same premises.

¶28

3. I state that, I hereby undertake to vacate the premises and stop providing human resource consultancy work in the above premises on or before 28^th February, 2022.

¶29

4. I state that, I am not carrying out any other commercial activity apart from the what is mentioned above.

¶30

5. I state that, I will abide to the above undertaking and request this Hon'ble Court to

¶31

¶32

dispose of the above petition based on the above undertaking.

¶33

Wherefore, this is my true name and sigature and whatever is stated above is true to the best of my knowledge information and belief."

¶34

Respondent No.5:

¶35

"I, Mrs. Tanvi Pradeep, aged about 43 years, W/o. Pradeep Kumar, residing at No.1146, 7^th Sector HSR Layout, do hereby solemnly affirm and state on oath as follows:

¶36

1. I state that, I am the 5^th respondent in the above case and I am aware of the facts and circumstances of the case and hence depose to this Affidavit.

¶37

2. I state that, I am the owner of the premises bearing No.570, 3^rd cross 15^th Main, 4^th Block, Koramangala, Bengaluru-560 034 and had given the same for a family friend of mine for temporarily residing and it appears he is also carrying out the profession of human resource consultancy in the said premises.

¶38

3. I state that, I hereby undertake not to carry out or give the premises to anyone on lease

¶39

¶40

or otherwise to carry out any kind of commercial activity upon Respondent No.4 vacating the premises, which he has promised to vacate on or before 28^th February 2022.

¶41

4. I state that, I will not carry out any commercial activity without due process of law in the above premises.

¶42

5. I state that, I will abide to the above undertaking and request this Hon'ble Court to dispose of the above petition based on the above undertaking.

¶43

Wherefore, this is my true name and sigature and whatever is stated above is true to the best of my knowledge information and belief."

¶44

In terms of the affidavits filed by the 4^th and 5^th respondents, petition stands disposed of with liberty to the petitioner or BBMP to initiate such proceeding in the Court for violation of undertaking aforequoted.

¶45

Sd/JUDGE

¶46

Snc

Mr. Bk Panduranga v. Bruhat Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

Mr. Bk Panduranga v. Bruhat Bengaluru Mahanagara Palike

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Atma Sudhir Shetty Vs the State by

M/S. Anukuraa Developers Vs State of Karnataka

Naseem Bhanu Vs the State by

Sri N Mallikarjuna Vs State of Karnataka by

Kumari Swapna N Vs the State of Karnataka

Pattada Sri Guru Nanjeshwara Shivacharya Swamigalu Vs State of Karnataka by