Disposed¶32

Smt Mala N v. the Chief Commissioner

Karnataka HC24 Jan 2025WP/416/2025

Case brief

AI extract

What is this about?

WP No. 416 of 2025 (LB-BMP), High Court of Karnataka, Justice N S Sanjay Gowda, 24-01-2025; BBMP building plan approval; plan wrongly submitted to Executive Engineer instead of Assistant Director, Town Planning Department; impugned order dated 07.12.2023 in Appeal No. 167/2024 by Chief Commissioner BBMP (Annexure-A) kept in abeyance; writ petition disposed; petitioner Smt Mala N; Harihalli Sub-Division Ward No. 28; Articles 226 and 227.

What did the court decide?

Impugned order dated 07.12.2023 kept in abeyance until the petitioner's building plan is considered by the competent authority; writ petition disposed of on that basis. ¶32

Smt Mala N Vs the Chief Commissioner — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:3205 WP No. 416 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION NO. 416 OF 2025 (LB-BMP)

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BETWEEN:

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SMT MALA N W/O SUDHINDRA THEERTA AGED ABOUT 39 YEARS

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#07 GIDADHA KONENAHALLI VILLAGE SY.NO 48 NISARGA LAYOUT, BANGALORE 560091

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…PETITIONER

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(BY SRI. PHANIRAJ KASHYAP., 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 CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, NR SQURE,

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BANGALORE -560002.

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THE ASSISTANT EXECUTIVE ENGINEER, BBMP HARIHALLI SUB-DIVISION (WARD NO.28) BANGALORE 560064

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…RESPONDENTS

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(BY SRI. PAWAN KUMAR., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED. 07.12.2023 PASSED IN APPEAL NO. 167/2024 BY R-1 VIDE ANNEXURE-A, ETC.

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NC: 2025:KHC:3205 WP No. 416 of 2025

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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 learned counsel for the Bruhat Bengaluru Mahanagara Palike ( 'BBMP' ) submits that the petitioner had wrongly submitted the plan to the Executive Engineer, whereas it ought to have been submitted to the Assistant Director, Town Planning Department.

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He also submits that the Assistant Executive Engineer would in turn forward the said application to the Assistant Director of Town Planning Department and the Assistant Director will thereafter consider the same in accordance with law.

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