This Lok Adalat order dismissed the writ petition as withdrawn while granting liberty to the petitioner to file fresh representations. The BBMP authorities were directed to consider these representations within eight weeks.
Petitioner granted liberty to file fresh representation; authorities directed to consider representation within eight weeks.
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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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11th DAY OF MARCH, 2022
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA
&
SRI. M.N. UMASHANKAR, MEMBER
W.P. No. 32627/2019 (LB-BMP) (Lok Adalat No. 221/2022)
BETWEEN
Smt. Savithramma W/o Late Sathyanarayana B.L., Aged about 63 years, R/at No.210, Chikka Begur Village, Begur Post, Bangalore South Taluk, Bangalore-560 068. … PETITIONER
(By Sri. D.C. Jagadeesh, Advocate)
AND
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(By Sri. T.M. Venkata Reddy, Advocate for R-1 and R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA, PRAYING FOR A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 AND 2 TO CONSIDER THE REPRESENTATION / COMPLAINT VIDE ANNEXURES ‘A’ AND ‘A1’ FORTHWITH FOR THE REASONS MENTIONED THEREIN AND TAKE IMMEDIATE ACTION TO STOP THE ILLEGAL CONSTRUCTIONS UNDERTAKEN BY THE 3RD RESPONDENTS ON THE TERRACE FLOOR OF THE PROPERTY BEARING HOUSE LIST NO.49/C, NEW KHATA NO.215, SITUATED AT MUNISWAMY GARDEN, SARAKKI AGRAHARA VILLAGE, BANGALORE, IN ACCORDANCE WITH LAW AGAINST THE 3RD RESPONDENT.
THIS PETITION COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED:
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CONCILIATION ORDER
The petitioner has filed the above writ petition sought for a writ
of mandamus directing the respondents Nos.1 and 2 to consider the representation / complaint as per Annexures ‘A’ and ‘A1’ both dated 24.06.2019 forthwith and take immediate action to stop the illegal constructions undertaken by the 3rd respondent on the terrace floor of the property bearing House List No.49/C, New Khata No.215, situated at Muniswamy Garden, Sarakki Agrahara Village, Bangalore.
ORDER
The Writ Petition is dismissed as withdrawn with liberty to the petitioner to file a fresh representation before the respondents – BBMP
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Authorities and the BBMP Authorities are directed to consider the said representation in accordance with law, within a period of eight weeks from the date of receipt of copy of this Order without giving room for
further proceedings.
Sd/JUDGE
Sd/MEMBER
Rbv
2 issues framed by the court
Whether the writ petition requiring the BBMP to consider complaints regarding illegal terrace constructions can be dismissed as withdrawn with liberty to file fresh representations.
Whether the Authorities are directed to consider fresh representations within a specified timeframe.
2 provisions across 2 enactments
Smt. Savithramma W/o Late Sathyanarayana
The Commissioner, Bruhath Bengaluru Mahanagara Palike (BBMP)
The Assistant Executive Engineer, Ward No.187, BBMP
M/s. N.S.R. Projects
Justice B. Veerappa
Sri. M.N. Umashankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
