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Sri. Veeresh v. the State of Karnataka

Karnataka HC4 Feb 2022WP/1482/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction to conclude proceedings under Section 313 of the BBMP Act, 2020 initiated regarding illegal petrol pump construction. The Court directed the Assistant Executive Engineer to conclude such proceedings within two months.

What did the court decide?

Directed respondent No.3 to conclude proceedings under Section 313 of BBMP Act, 2020 within two months after notifying respondent No.4.

Sri. Veeresh Vs the State of Karnataka — Municipal and Town Planning | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF FEBRUARY, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.1482 OF 2022 (LB-BMP)

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BETWEEN:

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SRI. VEERESH, S/O SHIVAKUMAR, AGED ABOUT 25 YEARS, PRESENTLY RESIDING AT R/O NO.51, 5TH MAIN ROAD, SANJEEVINI NAGAR, PANCHASHEELA, BANGALORE-560072. ...PETITIONER

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(BY SRI SAGAR B.B, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF TOWN AND

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COUNTRY PLANNING VIDHANA SOUDHA BANGALORE-560001. REPRESENTED BY ITS SECRETARY

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THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE HUDSON CIRCLE BANGALORE-560001.

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ASSISTANT EXECUTIVE ENGINEER

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CHANDRA LAYOUT SUB DIVISION, BBMP, OFFICE OF THE A E E CHANDRA LAYOUT, BANGALORE-560040.

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SRI D Y KARUNAKARA S/O D M YATHIRAJE AGED ABOUT 35 YEARS, R/O NO.1807 6TH MAIN ROAD, 23RD CROSS, GOVINDARAJANAGAR BENGALURU-560079. …RESPONDENTS

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(BY SRI NITHYANANDA K.R, AGA FOR R1, SRI B.V.MURALIDHAR, ADVOCATE FOR R2 AND R3, VIDE ORDER DATED: 04.02.2022 - R4 DELETED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO INITIATE AND CONCLUDE APPROPRIATE LEGAL ACTION AS AGAINST THE R-4 AS PER THE BBMP ACT 2020 WITHIN A REASONABLE TIME FOR HAVING COMMENCED CONSTRUCTION OF A ILLEGAL PETROL PUMP AT SITE BEARING NO.2 A, PORTION OF OLD KATHA NO.43, MEASURING 446.91 SQUARE METERS, PROPERTY NO.43/689/1 AND SITE NO.1, KATHA NO.689, ASSESSMENT NO.43 BOTH ARE ADJACENT TO EACH OTHER FORMING ONE UNIT SITUATED AT NAGARBHAVI VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT, BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:

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ORDER

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On the complaint lodged by the petitioner, the 3rd respondent issued a notice under Section 313 of the BBMP Act, 2020 calling upon the petitioner to produce the sanctioned plan for putting up construction on the property bearing site No.2A in Ward No.126 of Moodalapalya, Nagarabhavi Main Road, Bengaluru-72, failing which, action will be taken in accordance with law.

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The petitioner states that the respondent - BBMP has not taken any steps against the petitioner for having put up illegal construction in pursuance of the notice issued under Section 313 of BBMP Act, 2020.

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Learned counsel appearing for respondent-BBMP would submit that the proceedings initiated under Section 313 of the Act, 2020 will be concluded in accordance with law.

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Therefore, it is expedient to dispose of writ petition directing the respondent No.3 to conclude the proceedings initiated under Section 313 of the BBMP Act, 2020, if not already

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concluded, within two months from the date of receipt of certified copy of this order after notifying respondent No.4.

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Sd/JUDGE

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Sri. Veeresh v. the State of Karnataka

Case brief

What is this about?

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Sri. Veeresh v. the State of Karnataka

Case brief

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