Writ petition filed to set aside an order directing demolition. Court found alternative remedy available via appeal. Writdisposed of with liberty to appeal. Impugned order suspended until appeal decided.
Writ petition dismissed with liberty to appeal. Impugned order suspended until appeal is disposed of by Appellate Authority.
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 14TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.1155/2022 (LB-BMP)
BETWEEN:
(BY SRI: S.B. MATHAPATI, ADVOCATE)
AND:
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BEHIND BBMP COMMERCIAL COMPLEX BUILDING, 2ND FLOOR, 1ST CROSS, H. SIDDAIAH ROAD, BENGALURU - 560 002.
... RESPONDENTS
(BY SRI: V. MOHAN KUMAR, ADVOCATE FOR R.1 TO R.3 )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.12.2021 PASSED BY THE R.2 VIDE ANNEXURE-A AND CONSEQUENTLY ALLOWING THE WRIT PETITION AND DIRECT THE R.2 NOT TO TAKE ANY COERCIVE STEPS OR ACTION FOR DEMOLISHING THE CONSTRUCTION BUILDING ON THE SCHEDULE PROPERTY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:
O R D E R
This writ petition is filed against the order dated 16.12.2021 passed by the 2nd respondent under Section 248(3) of Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short
`Act').
submits that against the order passed under Section 248(3) of
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the Act, an efficacious remedy of appeal is provided under Section 253 of the Act before the Chief Commissioner.
Sd/JUDGE
BKM
3 issues framed by the court
Whether the writ petition maintainable despite availability of alternative remedy of appeal under Section 253 of the Act.
Whether the impugned order under Section 248(3) of the Act should be suspended pending appeal.
方向的 appeal filed within four weeks, whether the Appellate Authority shall consider it on merits without delay.
3 provisions across 2 enactments
SMT. SHRUTHI Y.
SRI. PRAVEEN B.N.
THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE
THE ASSISTANT EXECUTIVE ENGINEER
THE ASSISTANT DIRECTOR, (TOWN PLANNING)
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
