Disposed¶32

Sri P Nanda Kumar v. Mrs Lachmi Nandwani

Karnataka HC8 Jan 2025WA/755/2024

Case brief

AI extract

What is this about?

Keywords: writ appeal; Karnataka High Court Act Section 4; interim order dated 16.04.2024; W.P.No.8472/2024 (LB-BMP); maintainability of writ petition; BBMP Act; building byelaws; sanction plan and license; authorized/legal construction on suit schedule property; order dated 23.05.2024; liberty to urge all pleas before learned Single Judge; disposal of pending I.A.Nos.1/2024 to 3/2024; Bruhat Bengaluru Mahanagara Palike; Pulikeshinagar; Wheelers Road. Outcome: appeal disposed, no adjudication of maintainability, no quantum involved.

What did the court decide?

Appeal disposed of in view of the order dated 23.05.2024, with liberty to the counsel for the parties to urge all pleas as available to them before the learned Single Judge; pending I.A.Nos.1/2024 to 3/2024 disposed of as not surviving for consideration. ¶32

Sri P Nanda Kumar Vs Mrs Lachmi Nandwani — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:441-DB WA No. 755 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE V KAMESWAR RAO

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AND

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THE HON'BLE MR JUSTICE S RACHAIAH WRIT APPEAL NO. 755 OF 2024 (LB-BMP)

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BETWEEN:

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SRI.P. NANDA KUMAR, S/O LATE N. PADMANABHA, AGED ABOUT 59 YEARS, R/AT NO.47, 2^ND CROSS, WHEELERS ROAD, PULIKESHINAGAR, BANGALORE-560 005.

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…APPELLANT

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(BY SRI. HEGDE V S, ADVOCATE)

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AND:

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Digitally signed by K G RENUKAMBA Location: High Court of Karnataka

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MRS. LACHMI NANDWANI, D/O. LATE GHANSHAMDAS, AGED ABOUT 91 YEARS, R/AT NO.44, 2ND CROSS, WHEELERS ROAD, PULIKESHINAGAR, BANGALORE-560 005.

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THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE-560 002.

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2 - NC: 2025:KHC:441-DB WA No. 755 of 2024

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THE JOINT COMMISSIONER (EAST), BRUHAT BENGALURU MAHANAGARA PALIKE, MAYO HALL, M G ROAD, BANGALORE-560 001.

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THE ASSISTANT DIRECTOR, BANGALORE SOUTH DIVISION, TOWN PLANNING-EAST, MAYO HALL, M G ROAD, BANGALORE-560 001.

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THE ASSISTANT EXECUTIVE ENGINEER, PULIKESHINAGAR SUB-DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, ROBERTSON ROAD, BANGALORE-560 005.

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…RESPONDENTS

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(BY SRI.B.PRAMOD ADVOCATE FOR C/R1, SMT.M.R.SINCHANA, ADVOCATE FOR R2 TO R5)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER DATED 16.04.2024 PASSED IN W.P.NO.8472/2024 (LBBMP) AND CONSEQUENTLY DISMISS THE WRIT PETITION AS THE SAME IS NOT MAINTAINABLE ETC.,

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THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE S RACHAIAH

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NC: 2025:KHC:441-DB WA No. 755 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

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Learned counsel appearing for the appellant states that, in view of the order dated 23.05.2024, passed by this Court in this appeal, stating that, the appellant shall without prejudice to the rights of contentions of the parties can put up the authorized/legal construction on the suit schedule property in accordance with the sanction plan and license as well as by complying with the Bruhat Bengaluru Mahanagara Palike Act (for short ‘BBMP’) and building byelaws, the appeal be disposed of, as the writ petition is still pending consideration before the learned Single Judge, with liberty to urge all contentions including maintainability of the writ petition before the learned Single Judge.

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Mr. B. Pramod, learned counsel appearing for the petitioner/ caveator respondent No.1 states that, similar liberty be granted to the petitioner/respondent No.1 to urge all pleas before the learned Single Judge.

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