Smt. Sudha Savanur Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt. Sudha Savanur Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No. 2 (with the respondent authorities acting jointly) to consider the complaints dated 16-12-2020, 17-12-2020 and 05-07-2024 (Annexures C, D and E), pass appropriate orders and take consequential actions if necessary, completing the exercise within two months from receipt of a copy of the order.

Issue for consideration

Whether respondent No. 2 should be directed to consider the petitioner's complaints dated 16-12-2020, 17-12-2020 and 05-07-2024 (Annexures C, D and E) alleging that temporary sheds have been erected over certain sites and used for commercial activities, including sale and consumption of liquor.

Court's answer

Since the petitioner alleges that temporary sheds have been erected and illegal activities are being conducted, it is incumbent upon the respondents to consider the complaints and pass appropriate orders and, if necessary, take appropriate consequential actions.

Ratio / Principle

Both respondents shall undertake and complete the requisite action within a period of two months from the date of receipt of a copy of the order, pursuant to which the writ petition is disposed of.

Detailed headnote1 paragraphs

Writ Petition No. 23810 of 2024 (LB-BMP), High Court of Karnataka (N S Sanjay Gowda, J.), disposed of on 09-01-2025. The petitioner, a resident of Turahalli/Subramanyapura, Bengaluru, sought a direction to the BBMP Commissioner to consider her complaints dated 16-12-2020, 17-12-2020 and 05-07-2024 (Annexures C, D and E) alleging that temporary sheds had been erected over certain sites and commercial activities, including sale and consumption of liquor, were being conducted therein. Holding that, given these allegations, it was incumbent upon the respondents to consider the complaints, pass appropriate orders and, if necessary, take appropriate consequential actions, the Court directed both respondents to undertake and complete the action within two months from receipt of a copy of the order, and disposed of the writ petition. Filed under Articles 226 and 227 of the Constitution of India; no precedent cited; no impugned order identified; seventh respondent (Srinivasulu P.G) served and unrepresented.

NC: 2025:KHC:772 WP No. 23810 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23810 OF 2024 (LB-BMP)

BETWEEN:

SMT. SUDHA SAVANUR, W/O VIJAY SAVANUR, AGED ABOUT 45 YEARS, R/O 90, MRUTHIKA, 4TH MAIN ROAD, HILL VIEW GARDEN, TURAHALLI, SUBRAMANYAPURA POST, BENGALURU - 560 061.

…PETITIONER

(BY SRI. DILIP KUMAR I.S, ADVOCATE)

AND:

STATE OF KARNATAKA,

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU - 560 040.

THE ASSISTANT DIRECTOR OF TOWN PLANNING, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 040.

2 - NC: 2025:KHC:772 WP No. 23810 of 2024

THE ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKA, WARD 184, BENGALURU - 560 061.

THE ASSISTANT ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKA, WARD 184, BENGALURU - 560 061.

BANGALORE METROPOLITAN TASK FORCE, BBMP HEAD OFFICE AND GOVERNMENT SERVICE, BBMP HEAD OFFICE, 1ST FLOOR, NR RD, SAMPANGI RAMA NAGAR, BENGALURU - 560 002, REPRESENTED BY ADDITIONAL DIRECTOR GENERAL OF POLICE.

MR. SRINIVASULU P.G, S/O P.M. GOPAL, AGED ABOUT 57 YEARS, MATHRUSHREE RESIDENCY, THRID FLOOR, 22, THURAHALLI RD, VEERANJANEYA LAYOUT, JAYANAGAR HOUSING SOCIETY LAYOUT, SUBRAMANYAPURA, BENGALURU, KARNATAKA - 560 061, PH 9448494148.

…RESPONDENTS

(BY SMT. SPOORTHI V, HCGP FOR R1;

SRI. S. MALLIKARJUNA REDDY, ADVOCATE FOR R2 TO R6) R7 - SERVED AND UNREPRESENTED.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 2 TO CONSIDER THE COMPLAINT DATED 16.12.2020 AT ANNXC AND ETC.,

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NC: 2025:KHC:772 WP No. 23810 of 2024

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

The petition is filed seeking to direct respondent No.2 to consider the complaints dated 16-12-2020,17-12-2020 and 05-07-2024, which have produced as an Annexure C, D and E. In these complaints, it is alleged that over certain sites, temporary sheds have been erected and commercial activities are being conducted, and in some cases even liquor is being sold and permitted to consume in these sheds.

In my view, since the petitioner alleges that temporary sheds have been erected and illegal activities are being conducted, it would be incumbent upon both the respondents to consider the complaints and pass appropriate orders, and if necessary, take appropriate consequential actions in this regard.

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NC: 2025:KHC:772 WP No. 23810 of 2024

3. Both respondents shall undertake and complete

the action within a period of two months from the date of receipt of copy of this order. Accordingly, writ petition is

disposed of.

Sd/(N S SANJAY GOWDA) JUDGE

RCK List No.: 1 Sl No.: 37 CT: BHK