The Court held that the writ petition filed for removal of encroachment interim order is not maintainable for the present because the confirmatory order has not yet been passed.
Writ petition dismissed as premature; liberty reserved for petitioner to approach appropriate remedy.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.13912/2021(LB-BMP)
BETWEEN
SRI H VISHWANATH S/O. VENKATANARANAPPA, AGED 66 YEARS R/O. NO. 2511, 26TH CROSS, 17TH MAIN, NEAR BDA COMPLEX, BSK II STAGE, BENGALURU 560070
...PETITIONER
(BY SRI JEEVAN K, ADVOCATE)
AND
…RESPONDENTS
(BY SRI MANJUNATH V. RAYAPPA, ADVOCATE FOR R1 & R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE BBMP TO REMOVE THE ENCROACHMENT AS CLAIMED IN THE PROVISIONAL ORDER DATED 09.01.2021 WHICH WAS SERVED ON THE PETITIONER ON 06.04.2021 PRODUCED AT ANNEXURE-A AND THEREBY TO WIDEN THE ROAD AS PER THE SKETCH PRODUCED AT ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this Writ Petition seeking a direction by issuance of a writ in the nature of mandamus directing the BBMP to remove the encroachment as directed by the provisional order dated 09.01.2021, which is issued against the impleading applicant.
3
Sd/JUDGE
KA
2 issues framed by the court
Whether the writ petition seeking direction to remove encroachment under a provisional order is maintainable before this Court.
Whether the confirmatory order under Section 321(3) of the Act has been passed prior to filing the writ petition.
3 provisions across 2 enactments
Sri H Vishwanath S/o. Venkatananappa
The Commissioner, Bruhath Bengaluru Mahanagara Palike
The Asistnt Executive Engineer Bommnahalli Sub Division
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
