Writ petition sought mandamus to implement a Section 248(3) confirmation order against an encroachment. BBMP reported it had approved a demolition order under Section 356 and issued final notice to the fourth respondent to vacate. Nothing survived; petition disposed.
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NC: 2024:KHC:34325 WP No. 15178 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 15178 OF 2024 (LB-BMP)
BETWEEN:
SRI. MADHUSUDHAN M S/O MUNIYAPPA, AGED ABOUT 35 YEARS, R/AT NO.29, 4TH CORSS, AGS LAYOUT, AREHALLI, UTTARAHALLI HOBLI, SUBRAMANYAPURA POST, BENGALURU-560061. …PETITIONER
(BY SRI. AJAY PRABHU M., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:34325 WP No. 15178 of 2024
S/O M NANJAPPA, R/AT AGS LAYOUT, AREHALLI VILLAGE, WARD-184, BENGALURU.
…RESPONDENTS
(BY SRI. PAWAN KUMAR.,ADVOCATE FOR R1 TO R3 SRI. BHARGAV G., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 4 TO IMPLEMENT THE ORDER DATED 10/08/2023 PASSED UNDER SECTION 248(3) OF BRUHAT BENGALURU MAHANAGARA PALIKE (B.B.M.P.) ACT, 2020 THEREBY TO TAKE ACTION IN TERMS OF SECTION 356 OF BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020 IN BEARING NO. SA.NI.NA.YO/BO.VA/P.R/113/23-24 , AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking for implementation of the confirmation order dated 10.08.2023 passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act' 2020).
filed a action taken report. It is contended that demolition order under Section 356 of the BBMP Act, 2020 dated 12.08.2024 has been approved and passed by the Executive Engineer, BBMP. It is further submitted that further notice dated 21.08.2024 has been issued to the respondent No.4 to vacate the schedule property on or before 02.09.2024 under Section 356(2) of the BBMP Act, 2020 and copy of the demolition order final notice produced along with the memo. It is stated that the respondent-BBMP will initiate action in accordance with law.
that respondent No.4 aggrieved by confirmation order has
NC: 2024:KHC:34325 WP No. 15178 of 2024
preferred an appeal. As the respondent - BBMP has passed the order of demolition, in view of the same, nothing
survives for consideration.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
1 issue framed by the court
Whether BBMP should be directed to implement the confirmation order dated 10.08.2023 passed under Section 248(3) and take demolition action under Section 356 of the BBMP Act.
3 provisions across 1 enactments
Sri Madhusudhan M S/o Muniyappa
The Commissioner Bruhat Bengaluru Mahanagara Palike
Assistant Director of Town Planning (Bommanahalli Zone), BBMP
Assistant Executive Engineer BBMP
Mr K N Chandrashekaraiah
Ashok S.Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
