Petitioner sought mandamus directing BBMP to act on her complaint regarding illegal construction by private respondents under the BBMP Act, 2020. BBMP issued provisional and confirmation orders under Section 248, rendering the petition infructuous; it was disposed of.
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NC: 2024:KHC:38498 WP No. 18667 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 18667 OF 2024 (LB-BMP)
BETWEEN:
SMT DEVAKI RANI S AGED ABOUT 69 YEARS, W/O. SRI. M.P. RAGHAVENDRA SWAMY, R/AT NO.9, 1ST A CROSS, 2ND STAGE, BEML LAYOUT, BENGALURU- 560079
…PETITIONER
(BY SRI. B VACHAN, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SINCHANA M R., ADVOCATE FOR R1 & R2 SRI. B.E. SHREEDHAR, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO CONSIDER THE COMPLAINT DATED 06/12/2023 PRODUCED AT ANNEXURE-E IN ACCORDANCE WITH LAW AND TAKE SUITABLE ACTION AGAINST THE ILLEGAL CONSTRUCTION DONE BY R3 AND 4 ON THE SCHEDULE PROPERTY; DIRECT THE R3 AND 4 NOT TO PUT UP ANY FURTHER CONSTRUCTION IN VIOLATION OF THE BBMP ACT, 2020, ITS RULES AND THE BYELAWS THEREOF.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this present writ petition seeking
for a mandamus directing respondent Nos.1 and 2 to consider the complaint dated 06.12.2023 vide Annexure-E, in accordance with law and take appropriate action against the illegal construction done by respondent Nos.3 and 4 on the schedule property and also sought for writ of
mandamus directing respondent Nos.3 and 4 not to put up any further construction in violation of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the BBMP Act, 2020'), its Rules and the byelaws thereof.
NC: 2024:KHC:38498 WP No. 18667 of 2024
by the petitioner, and has passed the orders under Section 248 of the BBMP Act, 2020. In view of the same, nothing survives for consideration in the writ petition.
Accordingly, the writ petition is disposed of as having become infructuous.
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Whether BBMP should act on the petitioner's complaint against alleged illegal construction by respondents 3 and 4.
5 provisions across 2 enactments
Smt Devaki Rani S
Bruhat Bengaluru Mahanagara Palike
Assistant Executive Engineer, Bruhat Bangalore Mahanagara Palike
Smt. Saroja B.
Sri. M. Basavaraj
Ashok S.Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
