Smt C S Dakshayani Alias Dakshayanamma v. the Commissioner Bruhat Bengaluru

Karnataka HC28 Jan 2025WP/33561/2024

Case brief

AI extract

What is this about?

Karnataka High Court, WP No. 33561 of 2024 (LB-BMP), decided 28-01-2025 by Justice N S Sanjay Gowda. Petitioner Dakshayani sought mandamus against BBMP respondents to act on representations dated 18.10.2024 regarding unauthorised construction at T. Dasarahalli, Bengaluru; private party Laxman Ram was respondent 4. Petition disposed of because BBMP had already passed provisional and confirmatory orders directing demolition; BBMP to conclude demolition subject to legal impediments. Statute referenced: Articles 226 and 227, Constitution of India.

What did the court decide?

No further relief; the writ petition was disposed of with the observation that BBMP should carry the already-ordered demolition to its logical conclusion, subject to any legal impediments. ¶¶28

Smt C S Dakshayani Alias Dakshayanamma Vs the… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:3920 WP No. 33561 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33561 OF 2024 (LB-BMP)

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BETWEEN:

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SMT C S DAKSHAYANI ALIAS DAKSHAYANAMMA W/O M.V. KRISHNAPPA, AGED ABOUT 60 YEARS. RESIDING AT NO.99, VINAY NILAYA, 3^RD MAIN, 4^TH CROSS, BHEL MINI COLONY, PIPELINE ROAD, MALLASANDRA, T. DASARAHALLI, BENGALURU-560057

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…PETITIONER

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(BY SRI. VENKATESH C R., ADVOCATE)

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AND:

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

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THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, N.R. SQUARE, BENGALURU-560 002

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THE EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGAR PALIKE T.DASARAHALLI SUB-DIVISION, T.DASARAHALLI ZONE, MEI LAYOUT, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU-560073.

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THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE T.DASARAHALLI SUB-DIVISION, T.DASARAHALLI ZONE, MEI LAYOUT, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU-560073.

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NC: 2025:KHC:3920 WP No. 33561 of 2024

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SRI.LAXMAN RAM, S/O LATE. DHANARAM JI, AGED ABOUT 63 YEARS, R/AT, NO.667, 'AAI MATHA MANSION', 1^ST MAIN ROAD, T DASARAHALLI BENGALURU 560057

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…RESPONDENTS

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(BY SRI. PAWAN KUMAR., ADVOCATE FOR R-1 TO R-3; SRI. B.ROOPESHA., ADVOCATE FOR R-4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA., PRAYING TO DIRECTING THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE REPRESENTATIONS DATED 18.10.2024, AS ANNEXURE-D AND E AND FORTHWITH PREVENT THE UNAUTHORIZED CONSTRUCTION ON THE SCHEDULE B PROPERTY AND ALSO TO TAKE NECESSARY ACTION TO DEMOLISH THE PORTION OF CONSTRUCTION THAT HAS ALREADY COME UP ON THE SCHEDULE B PROPERTY, ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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The prayer in this writ petition is to direct the respondents 1 to 3 to consider the representations dated 18.10.2024 by which the petitioner was requesting the respondents to prevent the unauthorized construction in schedule ‘B’ property.

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3 - NC: 2025:KHC:3920 WP No. 33561 of 2024

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Learned counsel for the BBMP has placed on record the provisional and confirmatory order passed in respect of the building in respect of which the petitioner had lodged the complaint.

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In light of the fact that BBMP has taken action and has ordered demolition, the prayer sought for in this writ petition does not survive for consideration. It is needless to state that BBMP to take up the matter to the logical conclusion, subject to any legal impediments that may occur.

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The Writ Petition is accordingly disposed of.

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Sd/(N S SANJAY GOWDA) JUDGE

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PKS List No.: 1 Sl No.: 85

Smt C S Dakshayani Alias Dakshayanamma v. the Commissioner Bruhat Bengaluru

Case brief

What is this about?

What did the court decide?

Smt C S Dakshayani Alias Dakshayanamma v. the Commissioner Bruhat Bengaluru

Case brief

What is this about?

What did the court decide?

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What the court decided

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