Disposed

Sri Gopal S v. the Commissioner

Karnataka HC14 Jul 2023WP/7684/2023

Case brief

AI extract

What is this about?

A writ petition challenging inaction regarding construction deviation was disposed of. The court directed the Assistant Executive Engineer to issue fresh orders and show cause notice under Section 248 of the BBMP Act, 2020, concluding proceedings within three months.

What did the court decide?

Direction to the Assistant Executive Engineer to issue fresh orders and show cause notice and conclude proceedings within three months.

Sri Gopal S Vs the Commissioner — Public Procurement and Tenders | Karnataka HC (2023)

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NC: 2023:KHC:24510 WP No. 7684 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO. 7684 OF 2023 (LB-BMP)

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BETWEEN:

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SRI. GOPAL S SON OF LATE SRINIVAS, AGED ABOUT 65 YEARS, RESIDING AT NO 147, SHANTHIDHAMA COLLEGE ROAD, 3^RD MAIN ROAD, VISHWANEEDAM POST, SRIGANDHAKAVAK, BANGALORE -560091.

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…PETITIONER

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(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI

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Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER BBMP, N R SQUARE, BENGALURU- 560002.

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THE ASSISTANT EXECUTIVE ENGINEER BBMP, VASANTHA NAGARA SUB DIVISION, MEENAKSHI KOYIL STREET, BENGALURU -560051.

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THE ASSISTANT REVENUE OFFICER BBMP WARD NO 110, SHIVAJINAGARA SUB DIVISION, BENGALURU -560051.

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SRI M CHANDRASHEKAR NO 07, 6^TH MAIN ROAD,

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NC: 2023:KHC:24510 WP No. 7684 of 2023

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SAMPANGIRAMANAGARA, BENGALURU -560027.

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…RESPONDENTS

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(BY SRI. KARTHIKEYAN B S., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO R-1 AND 3 TO CONSIDER THE REPRESENTATION DTD 22.10.2022 MADE BY THE PETITIONER AS PER ANNX-A AND B.

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

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner, who had made complaints against the fourth respondent to the officers of the respondent-Bruhat Bengaluru Mahanagara Palike (for short, BBMP) regarding the deviation in construction made by the fourth respondent, is before this Court alleging inaction on the part of the respondent-officers.

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During the course of these proceedings, the second respondent-Assistant Executive Engineer, Vasantha Nagar Sub-Division was directed to inspect the property

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3 - NC: 2023:KHC:24510 WP No. 7684 of 2023

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and submit a report. It is sought to be submitted by the learned Counsel for the respondent-BBMP that action was initiated against the fourth respondent way back in the year 2009 and the provisional order and confirmation orders were issued, nevertheless, no further action was followed pursuant to the said orders. Therefore, the respondent-officers are required to issue fresh provisional orders and show cause notice under the provisions of Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020. The same shall be done as expeditiously as possible and at any rate within a period of one week from today.

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The writ petition stands disposed of with such directions to the second respondent-Assistant Executive Engineer, Vasantha Nagara Sub-Division, BBMP, to proceed in accordance with law against the fourth respondent and conclude the proceedings in terms of the provisions of the BBMP Act, 2020 as expeditiously as

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NC: 2023:KHC:24510 WP No. 7684 of 2023

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possible and at any rate within a period of three months from the date of receipt of a certified copy of this order.

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Ordered accordingly.

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Sd/JUDGE

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Sri Gopal S v. the Commissioner

Case brief

What is this about?

What did the court decide?

Sri Gopal S v. the Commissioner

Case brief

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