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2025 DAILYLAW 14293 (KAR)

RAVI .D. v. THE COMMISSIONER

WP/1449/2025 · 2025-02-19

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:7474 WP No. 1449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1449 OF 2025 (LB-BMP) BETWEEN: 1. RAVI .D. AGE 64 YEARS S/O DORAISWAMY NO.5 CHANNEL ROAD, CHOLURPALYA MAGADI ROAD BENGALURU 560 023 …PETITIONER (BY SRI. M E NAGESH., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 560 001 2. THE EXECUTIVE ENGINEER VIJAYANAGARA WARD WARD NO. 123, BBMP BENGLAURU 560 040 3. THE ASISTANT EXECUTIVE ENGINEER VIJAYANAGARA WARD WARD NO. 123, BBMP BENGLAURU 560 040 4. THE POLICE COMMISSIOENR INFANTRY ROAD, BENGALURU 560 001 …RESPONDENTS (BY SRI. N.R.JAGADEESWARA., ADVOCATE FOR R-1 TO R-3; SRI. RAHUL CARIAPPA., AGA FOR R-4) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7474 WP No. 1449 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND DIRECTING THE R2 TO CONSIDER THE REPRESENTATION GIVEN ON 29/10/2024 AS PER ANNEXURE-F, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to respondent No.2 to consider the representation dated 29.10.2024, a copy of which is produced at Annexure ‘F’. 2. As could be seen from Annexure ‘F’, the petitioner is aggrieved by the illegal religious temporary structure being put up and has been requesting the Bruhat Bengaluru Mahanagara Palike ('the BBMP') to take action. 3. The learned counsel for the petitioner places reliance on photographs at Annexures ‘D’ and ‘D1’ to indicate that the structure has been put up on - 3 - NC: 2025:KHC:7474 WP No. 1449 of 2025 the road thereby causing impediment to the proper movement of the public and vehicles. 4. In my view, since the petitioner is contending that there is an impediment for the movement of the residents of the area by virtue of erection of illegal structure, it would be appropriate to direct respondent No.2 to consider the representation of the petition dated 29.10.2024 and pass appropriate order in this regard within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. 5. If respondent No.3 were to come to the conclusion that the structure would be illegal, the same shall be dismantled and for this, respondent No.4 shall render all necessary assistance. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK, List No.: 1 Sl No.: 78