Disposed

Ramesh Naik L v. State of Karnataka

Karnataka HC6 Feb 2024WP/52022/2019

Case brief

AI extract

What is this about?

The High Court disposed of two connected writ petitions. In one, the petitioner abandoned the grievance. In the other, based on submissions that spaces were being shifted and the petitioner sought a progress list, the court disposed of the petition and noted pending interlocutory applications as disposed.

What did the court decide?

Nothing further survives; petitions disposed based on petitioner's withdrawal and representations regarding shifting of branches.

Ramesh Naik L Vs State of Karnataka — Landlord and Tenant | Karnataka HC (2024)

¶1

NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

¶5

PRESENT

¶6

THE HON'BLE MR. P.S.DINESH KUMAR CHIEF JUSTICE

¶7

AND

¶8

THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

¶9

WRIT PETITION NO. 52022 OF 2019 (GM-RES-PIL)

¶10

C/W

¶11

WRIT PETITION NO. 51477 OF 2019 (GM-RES-PIL)

¶12

IN WRIT PETITION NO. 52022 OF 2019

¶13

BETWEEN:

¶14

Digitally signed by VASANTHAKUMARY B K Location: High Court of Karnataka

¶15

RAMESH NAIK L S/O LATE LAKSHMAN NAIK.R AGED ABOUT 37 YEARS, KADARANAHALLI THANDYA, URDIGERE HOBLI, TUMKUR TALUK AND DISTRICT-572140 ADVOCATE BY PROFESSION, MOBILE 9538631572

¶16

…PETITIONER

¶17

(BY SRI RAMESH NAIK L, PETITIONER-IN-PERSON)

¶18

AND:

¶19

STATE OF KARNATAKA THROUGH CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO.320, 3^RD FLOOR,

¶20

2 - NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶21

VIDHANA SOUDHA, BANGALORE-560001.

¶22

REGISTRAR (ADMINISTRATION) HON’BLE HIGH COURT OF KARNATAKA PRINCIPAL BENCH AT BENGALURU, BENGALURU – 560 001.

¶23

BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY ITS COMMISSIONER BBMP HEAD OFFICE, CORPORATION CIRCLE, HUDSON CIRCLE, BANGALORE-560 002.

¶24

KARNATAKA STATE BAR COUNCIL REPRESENTED BY ITS CHAIRMAN OLD KGID BUILDING, AMBEDKAR VEEDHI BENGALURU – 560 001.

¶25

ADVOCATE’S ASSOCIATION BENGALURU REPRESENTED BY ITS PRESIDENT, VAKILARA BHAVAN, CITY CIVIL COURT COMPOUND KEMPEGOWDA ROAD, AMBEDKAR VEEDHI BENGALURU – 560 009.

¶26

…RESPONDENTS

¶27

(BY SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NILOUFER AKBAR, AGA, FOR R-1, SRI ARIHANTH R. SUNGAY, ADVOCATE FOR SMT. SUMANA NAGANAND, ADVCATE FOR R-2, SRI K.N. PUTTEGOWDA, ADVOCATE FOR R-3 SRI G. NATARAJ, ADVOCATE FOR R-4 & SRI SRIDHAR PRABHU, ADVOCATE FOR R-5)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A PROPER DIRECTION TO THE RESPONDENTS TO EVACUATE ALL OFFICE BRANCHES LOCATED AT THE BASEMENT AREA (CELLAR PORTION) OF THE BUILDING OF HON’BLE HIGH COURT OF KARNATAKA, PRINCIPAL BENCH AT BENGALURU

¶29

- 3 - NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶30

AND TO PROVIDE ALTERNATE SPACE FOR THE PURPOSE & ETC.

¶31

IN WRIT PETITION NO. 51477 OF 2019

¶32

BETWEEN:

¶33

SHARAN DESAI MS USA

¶34

AGED 54 YEARS SPECIALIZED IN ARCHITECTURE, URBAN DESIGN AND CITY PLANNING M-BLOCK, APT NO.106, FIRST FLOOR, RENAISSANCE EXOTICA, JAKKUR PLANTATION ROAD, BENGALURU – 560 064.

¶35

…PETITIONER

¶36

(BY SRI SHARAN DESAI, PETITIONER-IN-PERSON)

¶37

AND:

¶38

THE DEPUTY REGISTRAR REPRESENTED BY THE DEPUTY REGISTRAR THE HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

¶39

THE DIRECTOR GENERAL REPRESENTED BY THE DIRECTOR GENERAL KARNATAKA LSTATE FIRE AND EMERGENCY SERVICES

¶40

#1, ANNASWAMY MUDALIAR RD, HERMIT COLONY, SIVANCHETTI GARDENS BENGALURU – 560 042.

¶41

THE BBMP COMMISSIONER REPRESENTD BY THE BBMP COMMISSIONER HUDSON CIRCLE, BENGALURU 560002.

¶42

¶43

NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶44

THE CHIEF ENGINEER

¶45

1. REPRESENTED BY THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (PWD), C AND B SOUTH, K R CIRCLE, BENGALURU 560001.

¶46

…RESPONDENTS

¶47

(BY SRI ARIHANTH R. SUNGAY.,ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE FOR R-1 SMT. PRATHIMA HONNAPURA, AAG A/W SMT. NILOUFER AKBAR, AGA FOR R-2 & R-4)

¶48

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OR DIRECTIONS TO THE HON’BLE DEPUTY REGISTRAR (R-1) TO PRODUCE THE SANCTIONED PLAN, OCCUPANCY CERTIFICATE (OC) ISSUED BY THE BBMP AND NO OBJECTION CERTIFICATE (NOC) ISSUED BY THE DIRECTOR GENERAL KARNATAKA STATE FIRE AND EMERGENCY SERVICES, BENGALURU FOR THE ANNEX BUILDING OF THIS HON’BLE HIGH COURT, VIDE ANNEXUREC, ANNEXURE-D AND ANNEXURE-E & ETC.

¶49

THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

¶50

5 - NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶51

ORDER

¶52

Petitioner-Shri Sharan Desai/party-in-person in

¶53

W.P.No.51477/2019 submits that the grievance raised in this petition is substantially addressed and he has no desire to prosecute the petition any further.

¶54

2. Prayer clause –II of petition reads as follows:-

¶55

“ii. Issue writ, order or directions to the Hon’ble Registrar (Respondent No.1), to shift the Hon’ble High Courts activities, offices and departments from the Annex basement floor to alternative place to comply the BBMP Building Bye-laws 18.1 and provision in clause 3.9 of Revised Master Plan 2015, and use the ANNEX building basement floor explicitly for parking and for locating machines used for service and utilities of this Hon’ble High Court, vide ANNEXURE-F, and ANNEXURE-G.”

¶56

Submission of the petitioner/party-in-person is placed on record. W.P.No.51477/2019 is disposed of

¶57

accordingly.

¶58

Learned Additional Advocate General in

¶59

W.P.No.52022/2019 submits that the Government has provided

¶60

6 - NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶61

sufficient built up space in and around High Court and they are prepared to give some more space, if required.

¶62

Shri Arihanth R.Sungay, learned advocate for respondent No.2–High Court, submits that almost all Branches have been shifted and work is in progress to shift the remaining Branches.

¶63

Shri Shridhar Prabhu, learned advocate for respondent No.5-Advocates’ Association, Bengaluru, submits that the Association has no grievance at all. He submits that this petition is pending since five years.

¶64

Learned Additional Advocate General and learned

¶65

advocate appearing for the High Court submit that this writ petition may also be closed.

¶66

Petitioner-Shri L.Ramesh Naik/party-in-person

¶67

seeks list of progress in shifting.

¶68

¶69

NC: 2024:KHC:4984-DB WP No. 52022 of 2019 C/W WP No. 51477 of 2019

¶70

Shri Arihanth R.Sungay, learned advocate for the

¶71

High Court submits that list of Branches which are yet to be shifted will be furnished in two weeks.

¶72

His submission is placed on record. Nothing further survives in W.P.No.52022/2019 and it accordingly stands disposed of.

¶73

In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

KPS

List No.: 1 Sl No.: 35

Ramesh Naik L v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ramesh Naik L v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Chairman Vs State of Karnataka

G S Prashanth Vs Smt Samira S Rao

M/S Educational Consultants Vs M/S Vinyasa Engineers Pvt. Ltd.

T. Ananda Vs Sri. v. Basavaraju

M/S Preston India Private Ltd. Vs Karibasava Gouda

Sri a. Simon S/O Late M.S. Anthony Vs Sri S. Suresh S/O a. Simon