Writ petition filed to direct BBMP to act against illegal construction by Respondent No. 4. Court dismissed petition based on stay order in pending appeal before Karnataka Appellate Tribunal.
Petitioner directed to file fresh writ petition if BBMP fails to take appropriate action after the pending appeal is dismissed.
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 9TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.3201 OF 2020 (LB-BMP)
BETWEEN :
MR.ANAND G., AGED ABOUT 45 YEARS, S/O S.A.GURURAJA, NO.260, "SUBHIKSHA", 2ND CROSS, 3RD MAIN, AVALAHALLI NEW BDA LAYOUT, BSK 3RD STAGE, BANGALORE - 560 085. (BY SRI.MANJUNATH B., ADVOCATE)
...PETITIONER
AND :
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AGED ABOUT 42 YEARS, SITE NO.261, 2ND CROSS, 3RD MAIN, AVALAHALLI NEW BDA LAYOUT, BSK 3RD STAGE, BANGALORE - 560 085.
...RESPONDENTS
(BY SRI.K.V.BATHE GOWDA, ADVOCATE FOR R1 TO R3; SRI.D.SESHADRI, ADVOCAT FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER VIDE ANNEXURES-A, B AND C AND CONSEQUENTLY DIRECT THE RESPONDENT NOS.1 TO 3 BBMP CORPORATION OFFICIALS TO TAKE IMMEDIATE ACTION AGAINST THE RESPONDENT NO.4 FOR HAVING CONSTRUCTING THE BUILDING ILLEGALLY BY ENCROACHING THE ROAD AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed for directing the respondent-BBMP to take appropriate action against respondent No.4 for having put up construction in violation of the sanctioned building plan.
submits that an order of confirmation under Section 321 (3) of Karnataka Municipal Corporation Act, was passed
calling upon respondent No.4 to remove the illegal
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construction. Against which the respondent No.4 has filed an appeal No.203/2020 before the Karnataka Appellate Tribunal and has obtained an order of stay. In view of the same the relief sought for by the petitioner in the present writ petition does not survive for consideration.
Accordingly, petition is disposed of.
Sd/JUDGE
GPG
2 issues framed by the court
Whether a writ petition directing action against illegal construction survives when a pending appeal by the accused stays the confirmation order.
Whether the writ petition should be dismissed because of the stay obtained in the appeal before Karnataka Appellate Tribunal.
2 provisions across 2 enactments
MR. ANAND G.
BRUHATH BANGALORE MAHANAGARA PALIKE
THE CHIEF ENGINEER, BBMP
THE ASST. EXECUTIVE ENGINEER, BBMP
SRI. NAGARAJU
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
