The Court disposed of the writ petition as having become infructuous after respondents confirmed they had issued notices under Section 321 of the Act against the alleged illegal construction and initiated proceedings.
The writ petition was disposed of as having become infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.15128/2021 (LB - BMP)
BETWEEN
SMT. QURRATH RAVOOF W/O. LATE. MR. ABDUL RAVOOF AGED ABOUT 68 YEARS R/AT NO. 41/A, NANJAPPA ROAD SHANTI NAGAR, BENGALURU - 560 027
... PETITIONER
[BY SRI. ANOOP HARANAHALLI, ADV. (PHYSICAL HEARING)]
AND
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... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 AND 2 TO INITIATE PROCEEDINGS UNDER SECTION 321 OF THE MUNICIPAL CORPORATIONS ACT, 1946. AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The prayer in the writ petition is for a direction by issuance of writ in the nature of mandamus directing the first respondent - BBMP to take action against the alleged illegal construction undertaken by the fourth respondent by issuance of notice under Section 321 of the Karnataka Municipal Corporations Act, 1976 ('the Act' for short).
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2. Learned counsel appearing for the
respondents in unison would submit that the notices under Section 321(1)(2) and (3) of the Act are issued and received at the hands of the respondents.
Therefore, the writ petition is disposed as having
become infructuous.
Sd/JUDGE
KG
1 issue framed by the court
Whether the writ petition praying for issuance of notice under Section 321 against illegal construction is maintainable or infructuous.
3 provisions across 2 enactments
Smt. Qurrath Ravoof W/o. Late. Mr. Abdul Ravoof
Bruhat Bengaluru Mahanagara Palike
Stand-in Commissioner, Bruhat Bengaluru Mahanagara Palike
AEE Bruhat Bengaluru Mahanagara Palike
Sri. G Rabinathan
Mrs. Stella Mary Rabinathan
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
