This Court dismissed a writ petition filed under Articles 226 and 227 of the Constitution of India for default, as the petitioners were unrepresented and failed to comply with previous orders regarding submission of a plan.
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.
NC: 2024:KHC:52592 WP No. 14441 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14441 OF 2023 (LB-BMP)
BETWEEN:
BOTH ARE RESIDING AT NO.14, 9TH CROSS 16TH MAIN BTM 1ST STAGE BENGALURU 560 029.
…PETITIONERS
(BY SRI. LALITA P MANIHAL., ADVOCATE (ABSENT))
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:52592 WP No. 14441 of 2023
…RESPONDENTS
(BY SRI.K.S. MALLIKARJUNA REDDY., ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIAPRAYING TO-CALL FOR THE RECORDS AND QUASH THE IMPUGNED ORDER DATED 20.05.2023 PASSED BY THE R1 IN APPEAL NO.48/2022 AS PER ANNEXURE-J; SET ASIDE THE CONFIRMATION ORDER NO.SA.KA.NI.A/ BTM/C.O.04/2021-22 ORDER DATED 27.01.2022 PASSED BY R2 AND R3 U/S 248(3) OF THE BBMP ACT - 2020 VIDE ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
NC: 2024:KHC:52592 WP No. 14441 of 2023
ORAL ORDER
This Court's Order dated 14.08.2023 in its material part reads as under:
"Learned counsel for the petitioners
submits that the petitioners intend to exercise their right under sub-section (8) of Section 240 of the BBMP Act, 2020 and to submit plan for due approval by the respondents. She submits that the said plan in accordance with the bye-laws will be submitted within three
weeks from today i.e., on or before 08.09.2023. If needful is done, the
respondents are directed to process the said plan in accordance with law, within a period of 45 days thereafter."
This Court has extended multiple opportunities
to the petitioner to place on record the measures taken in exercise of the liberty as aforesaid including the peremptory order dated 12.12.2024.
NC: 2024:KHC:52592 WP No. 14441 of 2023
None appears for the petitioner, and as such,
the petition stands dismissed for default.
Sd/(B M SHYAM PRASAD) JUDGE
AN/-
SRI. P R RADHAKRISHNA
SRI P R MURGESH
THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE
THE ASSISTANT EXECUTIVE ENGINEER BBMP BTM LAYOUT SUB DIVISION
ASSISTANT ENGINEER BBMP BTM LAYOUT SUB DIVISION
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
