Sri. C v. Sandesh v the Commissioner
Case brief
What is this about?
Short oral order disposing of a BBMP-related writ petition as infructuous. Key terms: writ petition dismissed as infructuous; Article 226 of the Constitution of India; Bruhat Bengaluru Mahanagara Palike (BBMP); Commissioner BBMP; Zonal Commissioner; Assistant Executive Engineer (MSN); Assistant Director Town Planning (East); illegal construction; setback not left; violation of licence and sanctioned plan; representations dated 29.08.2024, 05.09.2024, 13.11.2024 (Annexures A, B, C); respondent No.5 Eyas Chalil; petitioners C V Sandesh and C V Santosh; advocates Hegde Ramakrishna S. and Samidha Pradeep Waingankar; Justice R. Nataraj; WP No. 33041 of 2024 (LB-BMP); NC: 2025:KHC:43811. Of use mainly as an example of disposal of a municipal-enforcement writ on infructuosity after official action; contains no merits finding on setback enforcement and cites no precedents.
What did the court decide?
Noting the submission of the learned counsel for the petitioners that the writ petition had become infructuous in view of the action taken by Bruhat Bengaluru Mahanagara Palike, the Court dismissed the writ petition as infructuous.