Disposed

Sri Ashok v. Bhruhat Bengaluru Mahanagara Palike

Karnataka HC14 Sept 2021WP/36443/2016

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of multiple writ petitions filed by merchant associations regarding illegal constructions and encroachments in Krishnarajendra Market, Bangalore. The Court directed the BBMP to take action against encroachers, unauthorized occupants, and shops on pavements or roads within three months. This exercise must follow due process of law.

What did the court decide?

BBMP directed to take appropriate action against encroachers, unauthorized occupants, and shops on pavements/roads/fire exits within three months following due process of law.

Sri Ashok Vs Bhruhat Bengaluru Mahanagara Palike — Municipal and Town Planning | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.53474/2017 (GM-RES)

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C/W

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WRIT APPEAL NO.2542/2014 (LB-BMP)

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WRIT PETITION NOS.29234/2015, 36767/2015,

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38892/2015, 6208/2016, 6474/2016, 6567/2016, 6568/2016, 36443/2016, 56172/2017, 2023/2018, 52187/2019 (LB-BMP)

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IN WRIT PETITION NO.53474/2017

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BETWEEN:

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1 . THE BENGALURU FLOWER MERCHANTS ASSOCIATION, UPPER BASEMENT FLOOR, KRISHNA RAJENDRA MARKET, BENGALURU 560 002 REPRESENTED BY ITS SECRETARY

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2 . TOOLS MERCHANTS WELFARE ASSOCIATION FIRST FLOOR, KRISHNA RAJENDRA MARKET, BENGALURU 560 002 REPRESENTED BY ITS SECRETARY

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... PETITIONERS

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(BY SRI R.KOTHWAL, ADVOCATE)

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¶20

AND:

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1 . THE SECRETARY TO GOVERNMENT URBAN DEVELOPMENT AUTHORITY (MUNICIPALITIES & URBAN DEVELOPMENT AUTHORITIES) ROOM NO.435, 4^TH FLOOR VIKASA SOUDHA, VIDHANA VEEDHI, BENGALURU 560 001. 2 . THE DIRECTOR THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH & 10TH FLOOR, VISVESHWARAIAH TOWER, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001. 3 . BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE OFFICES, NARASIMHA RAJA SQUARE, BENGALURU 560 002 REPRESENTED BY ITS COMMISSIONER 4 . THE DEPARMENT OF FIRE AND EMERGENCY SERVICES NO.01, ANNA SWAMY MUDALIAR ROAD, ULSOOR, BENGALURU-560042, REPRESENTED BY ITS DIRECTOR GENERAL.

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... RESPONDENTS

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(BY SRI S.S.MAHENDRA, AGA FOR R1, R2 AND R4 SRI AMITH DESHPANDE, ADV. FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND OTHER RESPONDENTS NOT TO ALLOT ANY ACCOMMODATION IN FAVOUR OF ANY PERSON IN KRISHNA RAJENDRA MARKET AND ETC.

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IN WRIT APPEAL NO.2542/2014

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BETWEEN:

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1 . THE BANGALORE FLOWER MERCHANTS ASSOCIATION (R) SREE KRISHNARAJENDRA MARKET BANGALORE-560 002 REPRESENTED BY ITS PRESIDENT …APPELLANT

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(BY SRI S.S.NAGENDRA, SENIOR ADV. FOR SRI SRIRANGA S., ADV.)

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AND:

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1 . THE BRUHATH BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N R SQUARE BANGALORE-560 002

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2 . THE DEPUTY COMMISSIONER (MARKETS) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560 002

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3 . THE ASSISTANT REVENUE OFFICER BBMP (WEST MARKET) SREE KRISHNA RAJENDRA MARKET 1^ST FLOOR BANGALORE-560 002

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4 . SMT SHANTHA GOWRI W/O SRI BHASKAR GOWRI MAJOR IN AGE R/AT NO.7, POLICE ROAD 1^ST CROSS, COTTONPET MAIN ROAD BANGALORE-560 053

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SRI B.A. GURUMURTHY S/O LATE B.R. ANNAYAPPA AGED ABOUT 85 YEARS FLOWER VENDOR, SHOP NO. 8 UPPER BASEMENT

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SREE KRISHNARAJENDRA MARKET BANGALORE-560 002 AND RESIDING AT: NO. 24/1, SHANTHI ROAD SHANTHINAGAR BANGALORE-560 027

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… RESPONDENTS

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(BY SRI.AMITH DESHPANDE, ADV. FOR R1 TO R3 SRI VIVEK HOLLA, ADV. FOR R4)

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THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.24076-24079/2013 DATED 28/04/2014 AND ETC.

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IN WRIT PETITION NO.29234/2015

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BETWEEN:

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1 . BRUHAT BENGALURU FLOWER MERCHANTS WLEFARE ASSOCIATIONS^® REPRESENTED BY ITS PRES SHOP NO.496, NEW COMPLEX, UPPER BASEMENT,

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SRI. KIRHSNARAJENDRA MARKET, BENGALURU-560 002 REP BY ITS PRESIDENT, M. MAHESH GOWDA

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2 . SENDIL KUMAR (MEMBER) S/O LATE MANI AGED 34 YEARS SHOP NO.337/A, UPPER BASEMENT, SRI.KRISHNARAJENDRA MARKET, BENGALURU-560 002

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... PETITIONERS

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(BY SRI.L.GOVINDARAJ, ADV.)

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AND:

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1 . THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

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2 . THE SUPERINTENDENT OF POLICE BENGALURU METROPOLITAN TASK FORCE , BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQURE, BENGALURU-560 002

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3 . THE EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, CHAMARAJAPET ZONE, J.C. ROAD, BENGALURU-560 002

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4 . THE DEPUTY COMMISSIONER BENGALURU WEST (MARKET) DASAPPA HOSPITAL PREMISES BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU560 002 5 . THE REVENUE OFFICER BENGALURU WEST (MARKET) 1^ST FLOOR, SRI.KRISHNARAJENDRA MARKET, BENGALURU-560 002

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6 . B.M. VENKATESH S/O LATE MUNIVENKATAPPA AGE: MAJOR SHOP NO.65,66 & 67, UPPER BASEMENT, SRI KRISHNARAJENDRA MAREKT, BENGALURU-560 002

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7 . H.M. SRINIVAS S/O LATE MUNIVENKATAPPA AGE: MAJOR SHOP NOS.40 & 41, UPPER BASEMENT, SRI KRISHNARAJENDRA MAREKT, BENGALURU-560 002

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8 . G.M. DIWAKAR S/O LATE G.P MUNIYAPPA AGE: MAJOR SHOP NOS.52 & 53, UPPER BASEMENT, SRI KRISHNARAJENDRA MAREKT, BENGALURU-560 002

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9 . V.NAGARAJ S/O VENKATARAVANAPPA AGE: MAJOR

¶58

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SHOP NOS.72 & 73, UPPER BASEMENT, SRI KRISHNARAJENDRA MAREKT, BENGALURU-560 002

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10 . SRINIVASALU S/O PADMANABHASHETTY AGE: MAJOR SHOP NO.105 & 86, UPPER BASEMENT, SRI KRISHNARAJENDRA MAREKT, BENGALURU-560 002

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11 . RAGHU KUMAR S/O LATE B.M. SHAMANNA AGE: MAJOR SHOP NOS.110 & 111, UPPER BASEMENT, SRI KRISHNARAJENDRA MARKET, BENGALURU-560 002

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12 . K.V. SRINIVAS S/O VENKATAPPA AGE: MAJOR SHOP NOS.120 & 121, UPPER BASEMENT, SRI KRISHNARAJENDRA MARKET, BENGALURU-560 002

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13 . M. RAJENDRA KUMAR S/O LATE MANI AGE: MAJOR SHOP NO.131 & 133, UPPER BASEMENT, SRI KRISHNARAJENDRA MARKET, BENGALURU-560 002

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14 . M. KRISHNA MURTHY S/O LATE T. MARIAPPA AGE: MAJOR SHOP NOS.58 & 47, UPPER BASEMENT, SRI KRISHNARAJENDRA MARKET, BENGALURU-560 002 … RESPONDENTS

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(BY SRI AMITH DESHPANDE, ADV. FOR R1 TO R5 SRI C.K.JAGADEESH, ADV. FOR R6 TO R14)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 5 TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 15.5.2015 AND 22.6.2015 AND INITIATE STRINGENT

¶67

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ACTION AGAINST R-6 TO 14 VIDE ANNEXURE-E, E1 AND E2 AND ETC.

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IN WRIT PETITION NO.36767/2015

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BETWEEN:

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1 . THE BANGALORE FLOWER MERCHANT ASSOCIATION (R), HAVING OFFICE AT NO.53, UPPER BASEMENT, SKR MARKET, BANGALORE 560 002 REPRESENTED BY ITS PRESIDENT, G.M.DIVAKAR

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2 . THE MUSLIM MERCHANTS ASSOCIATION (R) HAVING OFFICE AT NO.1/1, 1^ST FLOOR, SKR MARKET, BANGALORE 560 002 REPRESENTED BY ITS SECRETARY AYUB KHAN

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3 . TOOL MARKET WELFARE ASSOCIATION (R) HAVING OFFICE AT NO.513, 1^ST FLOOR, SKR MARKET, BANGALORE 560 002 REPRESENTED BY ITS SECRETARY REHAMAN SHARIF

¶74

… PETITIONERS

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(BY SRI.C.SHIVAKUMAR, ADV.)

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AND:

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1 . BHRUHATH BANGALORE MAHANAGARA PALIKE N.R SQUARE, BANGALORE BY ITS COMMISSIONER

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2 . THE COMMISSIONER BHRUHATH BANGALORE MAHANAGARA PALIKE, N.R SQUARE, BANGALORE

¶79

… RESPONDENTS

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(BY SRI AMITH DESHPANDE, ADV. FOR R1 & R2)

¶81

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 14.7.2015 ISSUED BY THE R-1 VIDE ANNEXURE-G AND QUASH THE RESOLUTION DATED 25.2.2014 VIDE ANNEXURE-E AND ETC.

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IN WRIT PETITION NO.38892/2015

¶84

BETWEEN:

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1 . SMT. SHANTH GOWRI W/O.BHASKAR GOWRI, AGED ABOUT 31 YEARS, D.NO.7, POLICE ROAD, 1^ST CROSS, COTTONPET MAIN ROAD, BENGALURU-560 053. SHOP NO.8A.

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2 . SMT KALA W/O.DEVARAJ, AGED ABOUT 38 YEARS, D.NO.30, 2^ND CROSS, AMBEDKAR COLONY, VINAYAKA NAGAR, BENGALURU-560 026. SHOP NO.8B.

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3 . SMT SHARADAMMA D/O.LATE RAMAPPA, AGED ABOUT 46 YEARS, D.NO.2/1, ANJANEYA TEMPLE ROAD, 6^TH BLOCK, YEDIYUR, BENGALURU-560 082 SHOP NO.137 A

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4 . SMT HASEEN TAJ W/O.AKRAM PASHA, AGED ABOUT 42 YEARS, D.NO.101, 4^TH CROSS, TIPPU NAGAR, MYSORE ROAD, BENGALURU-560 018 SHOP NO.9A

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5 . SRI T RAMAKRISHNA S/O. AGED ABOUT 39 YEARS, D.NO.1196, 16^TH MAIN, 2^ND STAGE, B.T.M. LAYOUT,

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BENGALURU-560 076 SHOP NO.B.4/1

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… PETITIONERS

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(BY SRI.VIVEK HOLLA, ADV.)

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AND:

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1 . BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002 REP. BY ITS ADMINISTATOR

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2 . THE ADMINISTRATOR BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

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3 . THE ASSISTANT REVENUE OFFICER (MARKET-WEST) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

¶98

… RESPONDENTS

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(BY SRI.AMITH DESHPANDE, ADV. FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE RESOLUTION/ORDER DT: 24.8.2015 ISSUED BY THE ADMINISTRATOR, BBMP, THE R-2 HEREIN (ANNEXURE-V) AND ETC.

¶101

IN WRIT PETITION NO. 6208/2016

¶102

BETWEEN:

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1 . SENDHIL KUMAR S/O MANI, AGED ABOUT 32 YEARS, OCCUPANT OF SHOP NO. 337-A, SKR MARKET, BANGALORE - 560 002.

2 . SHIVAKUMAR

S/O BASAVARAJ K

AGED ABOUT 37 YEARS, OCCUPANT OF SHOP NO. 337-B, SKR MARKET, BANGALORE - 560 002

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3 . LAKSHMINARAYAN

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S/O KODANDARAMA, AGED ABOUT 36 YEARS, OCCUPANT OF SHOP NO. 233-B, SKR MARKET, BANGALORE - 560 002

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4 . KHADER PASHA

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S/O MOHAMMED PYARU, AGED ABOUT 40 YEARS, OCCUPANT OF SHOP NO. 361/A, SKR MARKET, BANGALORE - 560 002.

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… PETITIONERS

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(BY SRI. GOVINDARAJ L., ADV.)

¶114

AND:

¶115

1 . THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, BANGALORE - 560 002

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2 . THE ASSISTANT REVENUE OFFICER (MARKET-WEST) BRUHATH BANGALORE MAHANAGARA PALIKE, SRI KRISHNARAJENDRA MARKET, BANGALORE - 560 002

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THE BANGALORE FLOWER MERCHANT ASSOCIATION SRI KRISHNA RAJENDRA MARKET BANGALORE-560 002 REP. BY ITS PRESIDENT G.M.DIWAKAR

¶118

…RESPONDENTS

¶119

(BY SRI.AMITH DESHPANDE, ADV. FOR R1 & R2 SRI H.V.PRAVEEN GOWDA, ADV. FOR R3)

¶120

¶121

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES DTD 2.2.2016 PASSED BY THE R-2 ANNEXURES-J, J1, J2 & J3 AND ETC.

¶122

IN WRIT PETITION NO.6474/2016

¶123

BETWEEN:

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SMT SAMEERA BANU W/O MOHAMMAD AKRAM AGE ABOUT 32 YEARS, NO.1406, CHAMINDINAGAR, R.T.NAGAR, BENGALURU-560 032 … PETITIONER

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(BY SRI.VIVEK HOLLA, ADV.) AND:

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1 . BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU-560 002 REP BY THE ADMINISTRATOR

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2 . THE ASSISTANT REVENUE OFFICER (MARKET-WEST) BRUHAT BENGALURU MAHANAGARA PALIKE N R SUQARE, BENGALURU-560002

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THE BANGALORE FLOWER MERCHANTS ASSOCIATION, SRI KRISHNARAJENDRA MARKET BANGALORE-560 002 REPRESENTED BY ITS PRESIDENT G.M.DIVAKAR

¶129

.. RESPONDENTS

¶130

(BY SRI.AMITH DESHPANDE, ADV. FOR R1 AND R2 SRI H.V.PRAVEEN GOWDA, ADV. FOR R3)

¶131

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTICE/ORDER DATED 02.02.2016 ISSUED BY ASSISTANT REVENUE OFFICER (MARKETS-WEST), BBMP-R2 AT ANNEXURE-J AND ETC.

¶132

¶133

IN WRIT PETITION NO.6567/2016

¶134

BETWEEN:

¶135

S TEJAS AGED ABOUT 25 YEARS S/O S.T.SRINIVASAN, #859,VII "C"MAIN ROAD, III BLOCK, III STAGE, BASAVESHWARANAGAR, BENGALOORU-560 079

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.. PETITIONER

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(BY SRI.L.GOVINDARAJ, ADV.)

¶138

AND:

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1 . BRUHAT BENGALOORU MAHANAGARA PALIKE NR SQUARE, BENGALOORU-560 002 REPRESENTED BY ITS COMMISSIONER

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2 . DEPUTY COMMISSIONER (MARKET) BRUHAT BENGALOORU MAHANAGARA PALIKE, NR SQUARE, BENGALOORU-560 002

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3 . ASST.REVENUE OFFICER (WEST-MARKET) BRUHAT BENGALOORU MAHANAGARA PALIKE, I FLOOR, SKR MARKET, BENGALOORU-2

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G.M.DIVAKAR S/O G.P.MUNIYAPPA, PRESIDENT THE BANGALORE FLOWER MERCHANTS ASSOCIATION K.R.MARKET, BANGALORE-560 002 … RESPONDENTS (BY SRI.AMITH DESHPANDE, ADV. FOR R1 TO R3 SRI H.V.PRAVEEN GOWDA, ADV. FOR R4)

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¶144

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 02.02.2016 ISSUED BY R-3 AT ANNEXURE-E AND ETC.

¶145

IN WRIT PETITION NO. 6568/2016

¶146

BETWEEN:

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SRI RAMA AGED ABOUT 38 YEARS S/O APPOJAPPA, # 338, XI MAIN ROAD, IV BLOCK, NANDINI LAYOUT, BENGALOORU-560 096

¶148

… PETITIONER

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(BY SRI.L.GOVINDARAJ, ADV.)

¶150

AND:

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1 . BRUHAT BENGALOORU MAHANAGARA PALIKE NR SQUARE, BENGALOORU-560 002 REPRESENTED BY ITS COMMISSIONER

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2 . DEPUTY COMMISSIONER (MARKET) BRUHAT BENGALOORU MAHANAGARA PALIKE, NR SQUARE, BENGALOORU-560 002

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3 . ASST.REVENUE OFFICER (WEST-MARKET) BRUHAT BENGALOORU MAHANAGARA PALIKE, I FLOOR, SKR MARKET, BENGALOORU-2

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G.M.DIVAKAR S/O G.P.MUNIYAPPA, PRESIDENT THE BANGALORE FLOWER MERCHANTS ASSOCIATION K.R.MARKET, BANGALORE-560 002

¶155

… RESPONDENTS

¶156

¶157

(BY SRI.AMITH DESHPANDE, ADV. FOR R1 TO R3 SRI H.V.PRAVEEN GOWDA, ADV. FOR R4)

¶158

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 02.02.2016 ISSUED BY R-3 AT ANNEXURE-F AND ETC.

¶159

IN WRIT PETITION NO.36443/2016

¶160

BETWEEN:

¶161

SRI ASHOK S/O B.A.GURUMURTHY, AGED ABOUT 53 YEARS, SHOP NO.B95 SKR MARKET, BENGALURU-560 027 .. PETITIONER (BY SRI H.V.PRAVEEN GOWDA, ADV.)

¶162

AND:

¶163

1 . BHRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU-560 001 REPRESENTED BY ITS COMMISSIONER

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2 . REVENUE INSPECTOR BHRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560 001

¶165

.. RESPONDENTS

¶166

(BY SRI.AMITH DESHPANDE, ADV.)

¶167

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE ANNEXURE-B DTD 20.5.2016 THE MEMORANDUM BY THE PETITIONER IN NOT ALLOWING TO PUT ANY KIND OF ILLEGAL CONSTRUCTION IN VIOLATION OF THE SANCTIONED PLAN WHICH ENDANGERS THE LIFE OF THE HUMAN BEING AND ETC.

¶168

¶169

IN WRIT PETITION NO.56172/2017

¶170

BETWEEN:

¶171

1 . SMT A NAGARATHNA W/O ARMUGAM, AGED ABOUT 39 YEARS, NO.24, A.S.BUILDING, II BLOCK, MOTHI NAGAR, KALASIPALYA, BANGALORE-560 002

¶172

2 . SMT. PUSHPA W/O SUBRAMANI, AGED ABOUT 40 YEARS, NO.662, SOMESHWARA SLUM, I BLOCK, JAYANAGARA, BANGALORE-560 004

¶173

3 . SRI. KHALEEMULLA, S/O UBHEDULLA, AGED ABOUT 40 YEARS, NO.36, 4^TH FLOOR, 4^TH MAIN ROAD, MAKHAN ROAD, BHARATHINAGAR, BANGALORE-560 051

¶174

.. PETITIONERS

¶175

(BY SRI.K.P.BHUVAN, ADV.)

¶176

AND:

¶177

1 . BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002 REPD. BY ITS COMMISSIONER

¶178

2 . THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

¶179

3 . THE JOINT COMMISSIONER (WEST), BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

¶180

¶181

4 . THE DEPUTY COMMISSIONER (MARKET) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

¶182

5 . THE ASSISTANT REVENUE OFFICER (MARKET), BRUHAT BENGALURU MAHANAGARA PALIKE, SKR MARKET, BENGALURU-560 002

¶183

… RESPONDENTS

¶184

(BY SRI.AMITH DESHPANDE, ADV.)

¶185

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 12.9.2017 ISSUED BY THE COMMISSIONER BBMP, THE R-2 HEREIN (ANNEXURE-S) AND THE ORDER DTD 28.11.2017 PASSED BY THE COMMISSIONER, BBMP, THE R-2 HEREIN (ANNEXURE-T) AND ETC.

¶186

IN WRIT PETITION NO.2023/2018

¶187

BETWEEN:

¶188

SRI.B.RAGHU S/O BASAVARAJU AGED ABOUT 34 YEARS, RESIDING AT NO.38 MURALIDHARA BUILDING, 4^TH CROSS, PANTHARAPALYA NAYANDAHALLI BENGALURU-560 039

¶189

.. PETITIONER

¶190

(BY SRI.RAJU S., ADV.)

¶191

AND:

¶192

1 . BRUHAT BENGALURU MAHANAGARA PALIKE N R SUARE BENGALURU-560 002 REPRESENTED BY ITS COMMISSIONER

¶193

2 . THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002

¶194

¶195

3 . THE JOINT COMMISSIONER (WEST) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002

¶196

4 . THE DEPUTY COMMISSIONER (MARKET) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002

¶197

5 . THE ASSISTANT REVENUE OFFICER (MARKET) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002

¶198

…RESPONDENTS

¶199

(BY SRI.AMITH DESHPANDE, ADV.)

¶200

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 12.09.2017 ISSUED BY THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, THE R-2 HEREIN VIDE ANNEXURE-F AND THE ORDER DTD 28.11.2017 PASSED BY THE COMMISSIONER, BRUHAT BANGALORE MAHANAGAR PALIKE, THE R-2 VIDE ANNEXURE-G AND ETC.

¶201

IN WRIT PETITION NO.52187/2019

¶202

BETWEEN:

¶203

1 . THE BANGALORE FLOWER MERCHANT ASOCIATION (R) HAVING OFFICE AT NO.53, UPPER BASEMENT, SRI KRISHNARAJENDRA MARKET, BANGALORE-560 002 REP BY ITS PRESIDENT G.M.DIVAKAR

¶204

2 . THE MUSLIM MERCHANTS ASSOCIATION (R) HAVING OFFICE AT NO.1/1, 1 FLOOR, SRI KRISHNA RAJENDRA MARKET, BANGALORE-560 002 REP BY ITS SECRETARY AYUB KHAN

¶205

¶206

3 . TOOL MARKET WELFARE ASSOCIATION (R) HAVING OFFICE AT NO.513, 1^ST FLOOR, SRI KRISHNA RAJENDRA MARKET, BANGALORE-560 002 REP BY ITS SECRETARY REHAMAN SHARIF

¶207

... PETITIONERS

¶208

(BY SRI.R.KOTHWAL, ADV.)

¶209

AND:

¶210

1 . STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT AUTHORITY (MUNICIPALITIES AND URBAN DEVELOPMENT AUTHORITIES) ROOM NO.435, 4^TH FLOOR, VIKASA SOUDHA, VIDHANA VEEDHI, BENGLAURU-560 001

¶211

2 . BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE OFFICES, NARASIMHA RAJA SQUARE, BENGALURU-560 002 REP BY ITS COMMISSIONER

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3 . THE ASSISTANT REVENUE OFFICER (WEST-MARKET) BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE OFFICES, NARASIMHA RAJA SQUARE, BENGALURU-560 002.

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… RESPONDENTS

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BY SRI.S.S.MAHENDRA, AGA FOR R1 SRI.AMITH DESHPANDE, ADV. FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 9.12.2019 ISSUED BY THE R-3 TO THE MEMBERS OF P-1 VIDE ANNEXURE-D SERIES MEMBERS OF P-2 VIDE ANNEXURE-E SERIES AND MEMBERS OF P-3 VIDE ANNEXURE-F SERIES AND ETC.

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THESE WRIT PETITIONS AND WRIT APPEAL COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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Regard being had to the similitude in the controversy involved in all these cases, they are heard analogously together and a common order is being passed.

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The present PIL i.e., W.P.No.53474/2017 has been filed by the petitioners stating that Krishnarajendra Market is located in a prime locality of Bengaluru and it is surrounded by thickly populated area. It has been further stated that large number of shops have been illegally constructed, large number of shops have been constructed on pavements and large number of persons are occupying the shops even though their lease has come to an end.

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The petitioners have prayed for the following

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reliefs;

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i) to issue a writ in the nature of writ of mandamus directing the respondent No.03-Commissioner, Bruhat Bengaluru Mahanagara Palike, Bengaluru and other respondents not to allot any accommodation in favour of any person in Krishnarajendra Market;

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ii) to issue a writ of mandamus directing the respondent No.03-Commissioner, Bruhat Bengaluru Mahanagara Palike, Bengaluru and other respondents to produce the official details with regard to allotment of

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accommodation in Krishnarajendra Market, Bengaluru hitherto and as on the date of filing the present writ petition,

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iii) to issue writ of mandamus preventing the respondent No.03- Commissioner, Bruhat Bengaluru Mahanagara Palike, Bengaluru and other respondents from allotting any accommodation in favour of any person in Krishnarajendra by issuing any kind of orders affixing "ANTE – DATE" (previous dates),

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iv) to issue a writ of mandamus directing the respondents to take all kinds of effective measures for safeguarding the lakhs of lives of people, merchants and labourers from untoward incident, fire accident, etc.

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v) to grant such other relife or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case;

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Learned counsel appearing for the BBMP has

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straight away drawn the attention of this Court towards the order dated 31.7.2021 and his contention is that the BBMP has already initiated action against the encroachers, against unauthorized occupants and against the shop keepers, who are having their shops on the pavements. He has stated that some time bound direction be issued by this Court for taking action in accordance with law.

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The prayer made by the learned counsel for

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BBMP appears to be a genuine prayer. Therefore, the respondent – BBMP is directed to take appropriate action in respect of the encroachers, in respect of the shops which are on the pavements or on the road, public passages as well as fire exits and in respect of the unauthorized occupants. The BBMP shall conclude the aforesaid exercise within a period of three months from today after following the due process of law.

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Accordingly, the writ petition is disposed of.

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In light of the aforesaid, the other connected writ petitions and the writ appeal are also disposed of.

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Pending applications, if any, shall stand disposed of.

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SD/ACTING CHIEF JUSTICE

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JUDGE

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Sri Ashok v. Bhruhat Bengaluru Mahanagara Palike

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Sri Ashok v. Bhruhat Bengaluru Mahanagara Palike

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