Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1144 WP No. 583 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 583 OF 2025 (GM-RES) BETWEEN:
SRI B S KARTHIK, S/O LATE B SRINIVAS, AGED ABOUT 46 YEARS, R/AT ABHIMAN STUDIO, KENGERI, UTTARAHALLI ROAD, KENGERI, BENGALURU - 560 060. …PETITIONER (BY SRI. KARTHIK V., ADVOCATE)
AND:
1.
STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, MS BUILDING, BENGALURU 560 001.
2.
THE SPEICAL DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU - 560 009. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 02.12.2024 AND 13.12.2024 COPIES OF WHICH ARE PRODUCED AT ANNEXURE-H AND J RESPECTIVELY AND REMOVE THE CONSTRUCTION IN LAND SY.NO.26 NEW NO.68 OF MYLASANDRA VILLAGE, KENGERI EXPEDITIOUSLY AS PRAYED FOR TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1144 WP No. 583 of 2025
CORAM:
HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioner who is the grandson of late Shri T N Balakrishna, a renowned film actor is before this Court seeking a writ of mandamus directing the second respondent Special Deputy Commissioner, Bangalore urban district, Bengaluru, to remove the illegal structure put up on the property belonging to late Shri T N Balakrishna. Earlier the petitioner’s father along with his brother had approached this Court in WP No.45042/2015 and this Court, by order dated 21.08.2023 allowed the petition and set aside the impugned orders dated 18.09.2015 and 22.09.2015 while directing that the respondents are entitled to work out their remedy before the competent Court and all contentions were left open. Thereafter a Public Interest Litigation was also filed before the Hon’ble Division Bench of this Court in WP No.29408/2023. The said writ petition was disposed of on 04.06.2024 noticing the fact that Government issued a
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NC: 2025:KHC:1144 WP No. 583 of 2025
Government order dated 10.01.2020 to shift the site of the monument of Dr.Vishnuvardhan, from Bengaluru to Mysuru. It was also noticed that the construction of the monument at Mysuru was completed by investing a huge sum of Rs.8 crores. The petition was dismissed on the ground that it had no elements of public interest.
2. The petitioner has given a representation at Annexure-J dated 13.12.2024 to the second respondent calling upon him to remove the illegal structures that were put up on his property.
3. Having regard to the
facts narrated hereinabove, it is clear that the State Government decided to construct the monument of Dr.Vishnuvardhan at Mysuru and the same has been constructed and therefore the initial move to put up the constructions/monument in the property in question is no more relevant.
4. In that view of the matter, the writ petition stands disposed of with a specific direction to the second respondent to remove the structures, if any, put up on the
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NC: 2025:KHC:1144 WP No. 583 of 2025
property in question, as expeditiously as possible at any day within a period of two months from the date of receipt of copy of this order. Liberty is also reserved for the petitioner to remove the structure, if the second respondent does not remove the structure as directed by this Court. In such a situation, if the petitioner removes the structure, the second respondent and the State Government will have to bear the expenses for removing the illegal structure and for transporting all debris from the property in question.
5. Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
ASN List No.: 1 Sl No.: 6