Allowed

Sri C John Prakash v. the Commissioner

Karnataka HC10 Mar 2023WP/5662/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition seeking to quash a demolition notice issued under the BBMP Act without prior service of notice. The court quashed the impugned notice and directed respondents to consider the petitioner's representations within four weeks, restraining demolition until then.

What did the court decide?

Quashing of the demolition notice dated 18.11.2022; directive to consider representations within four weeks; stay on demolition pending compliance.

Sri C John Prakash Vs the Commissioner — Municipal and Town Planning | Karnataka HC (2023)

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WP No. 5662 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5662 OF 2023 (LB-BMP)

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BETWEEN:

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SRI C JOHN PRAKASH AGED ABOUT 38 YEARS S/O CHINNAPPA R/AT NO 70/3 M L A LAYOUT KALENA AGRAHARA VILLAGE, BEGUR HOBLI, SOS POST, BANNERGHATT ROAD, BANGALORE 560076

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…PETITIONER

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(BY SRI. B S NAGARAJ.,ADVOCATE)

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AND:

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER BBMP N R SQUARE BENGALURU 560002

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THE JOINT COMMISSIONER BBMP BEGURU SUB DIVISION BENGALURU 560015

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THE ASSISTANT COMMISSIONER BEGURU DIVISION WORD NO 192 BOMMANNAHALLI SUB DIVISION, BENGALURU 560015

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THE ASSISTANT EXECUTIVE ENGINEER BBMP BEGURU DIVISION WARD NO 192 BOMMANNAHALLI SUB DIVISION, BENGALURU 560015

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WP No. 5662 of 2023

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THE ASSISTANT EXECUTIVE ENGINEER B B M P BEGURU SUB DIVISION DEVARA CHIKKANAHALLI MAIN ROAD, BEGUR SUB DIVISION BENGALURU 560014

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…RESPONDENTS

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(BY SRI. PAWAN KUMAR.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER TO QUASH NOTICE DATED 18.11.2022 ISSUED BY R-5 ASSISTANT EXECUTIVE ENGINEER, UNDER THE PROVISION OF SECTION 313 OF B.B.M.P. ACT, 2020 MADE THE TRUE COPY OF THE SAID NOTICE IS SUBMITTED HEREWITH AT ANNX-A AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.Pawan Kumar, learned counsel accepts notice for respondents.

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The grievance of the petitioner is that without issuance of notice, the respondents are seeking to demolish the property of the petitioner. At the time when the respondents visited the property of the petitioner, the petitioner made available all the required documents, as also submitted a representation/reply placing relevant documents on record.

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WP No. 5662 of 2023

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When notice has not been served on the petitioner, the respondents could not have sought to demolish the property of the petitioner. Hence, I pass the following:

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ORDER

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i. The writ petition is allowed. A certiorari is issued. ii. The impugned order dated 18.11.2022 at Annexure-A is hereby quashed.

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iii. Respondents are directed to consider the representation/reply dated 2.03.2023 submitted by the petitioner at Annexures-B and B1 within a period of four weeks from the date of receipt of copy of this order.

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iv. Needless to state that until the representation/reply of the petitioner is being considered, the respondents shall not carry out any demolition activity of the petitioner’s property.

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v. Sri.Pawan Kumar, learned counsel is directed to inform the concerned officers of the orders passed by this Court.

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Sd/JUDGE

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List No.: 3 Sl No.: 1

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Sri C John Prakash v. the Commissioner

Case brief

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Sri C John Prakash v. the Commissioner

Case brief

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