Petitioner sought mandamus to BBMP to act on his complaint about unauthorized construction. Respondents 3 and 4 had appealed a Section 248(3) confirmation order, with interim status-quo granted; court found nothing survived and disposed of the petition.
Liberty reserved to petitioner to agitate grievance before the Appellate Authority.
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:32557 WP No. 2120 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 2120 OF 2024 (LB-BMP)
BETWEEN:
SRI SANJAY REDDY S/O LATE R SEETHARAMA REDDY AGED ABOUT 46 YEARS, R/AT NO 6/16 ADARSHANAGAR, 9TH CROSS, 1ST MAIN ROAD CHAMARAJAPET, BENGALURU 560018
…PETITIONER
(BY SRI. VASANTH MADHAVA S., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
RESPONDENT No.3 AND 4 ARE R/AT NO 7/9 ADARSH NAGAR, 3RD MAIN ROAD
NC: 2024:KHC:32557 WP No. 2120 of 2024
9TH CROSS, CHAMARAJPET BENGALURU 560018
…RESPONDENTS
(BY SRI. MALLIKARJUN REDDY K S., ADVOCATE FOR R1 & R2 SMT. SUDHA D, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECT THE R1 & R2 TO CONSIDER THE REPRESENTATION GIVEN TO THE BBMP AUTHORITY IN ANNEXURE-N THE COMPLAINT FILED BY THE PETITIONER DTD 01.06.2023 AND THE LEGAL NOTICE CAUSED BY THE PETITIONER TO THE R1 DTD 02.12.2023 IN ANNEXURE-O TO TAKE APPROPRIATE ACTION, INCLUDING REMOVAL OF THE UNAUTHORIZED ILLEGAL CONSTRUCTION, PURSUANT TO THE COMPLAINT AND LEGAL NOTICE AND RESTRAIN THE R3 AND 4 TO STOP FURTHER ILLEGAL CONSTRUCTION THROUGH THE R1 AND 2 BY GRANTING ANY OTHER RELIEF.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
This writ petition is filed by the petitioner seeking for a mandamus directing respondent Nos.1 and 2 to consider the representation submitted to BBMP authority vide Annexure-N and legal notice vide Annexure-O and to take appropriate action, including removal of the unauthorized
illegal construction, pursuant to the complaint and legal notice.
NC: 2024:KHC:32557 WP No. 2120 of 2024
However liberty is reserved to the petitioner to agitate his grievance before the Appellate Authority.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
1 issue framed by the court
Whether BBMP should act on the petitioner's complaint and legal notice regarding unauthorized construction by respondents 3 and 4.
2 provisions across 2 enactments
SRI SANJAY REDDY S/O LATE R SEETHARAMA REDDY
THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE
THE ASSISTANT DIRECTOR TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE (WEST)
SRI JAGADISH KUMAWAT S/O DHANARAM KUMAWAT
SMT UGAMA DEVI W/O JAGADISH KUMAWAT
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
