Writ petition sought direction to municipal authorities to act on representations against alleged unauthorized construction. Petitioner withdrew the petition to first seek a survey of site measurements and title from local authorities, with liberty reserved.
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NC: 2024:KHC:41610 WP No. 7260 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 7260 OF 2024 (LB-BMP)
BETWEEN:
MR N PRAKASH S/O LATE N NARAYANA AGED ABOUT 50 YEARS R/AT NO 57/11. 5TH MAIN ROAD SAMEERAPURA MAIN ROAD KEMPEGOWDA NAGAR BENGALURU - 560018
…PETITIONER
(BY SRI. KIRAN N., ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:41610 WP No. 7260 of 2024
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R3; SRI. M.S.HARINATH, ADVOCATE FOR R4 AND R5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 1 TO 3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DTD 22.04.2023 AND 19.09.2023 SUBMITTED VIDE ANNX-D AND F IN ORDER TO STOP THE UNAUTHORIZED CONSTRUCTION OF THE R-4 AND 5.
NC: 2024:KHC:41610 WP No. 7260 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The learned counsel for the petitioner has filed a memo, which reads as under:
"The undersigned counsel for the petitioner submits that, the petitioner and respondents have encountered the differences as to their measurements in the site area and the title deeds, hence they have decided to get clarified from the local authorities by conducting survey, hence the petitioner humbly prays that this Hon'ble Court be pleased to dismiss the petition as not pressed by reserving liberty to the petitioner to approach this Hon'ble High Court after completion of survey of the site measurements of the petitioner and the respondent."
The office objection is that the memo is not signed by the petitioner. In the light of the reasons assigned as afore, the office objection is overruled
NC: 2024:KHC:41610 WP No. 7260 of 2024
and the petition stands dismissed as withdrawn subject to all just exceptions in law.
Sd/(B M SHYAM PRASAD) JUDGE
RB
1 provisions across 1 enactments
Mr N Prakash
The Commissioner, Bruhat Bengaluru Mahanagara Palike
The Assistant Director of Town Planning, Bruhat Bengaluru Mahanagara Palike
The Assistant Executive Engineer, Kempegowda Nagar Sub-Division, BBMP
Mr Nagabhushan
Mr Manjunath
B M SHYAM PRASAD
As recorded by the court registry
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