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2025 DAILYLAW 17740 (KAR)

MOHAMMED ISMAIL v. THE COMMISSIONER

WP/17821/2019 · 2025-02-19

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:7516 WP No. 17821 of 2019 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. 17821 OF 2019 (LB-RES) BETWEEN: MOHAMMED ISMAIL S/O LATE MOHAMMED ABBAS, AGED ABOUT 68 YEARS, R/A NO. 299, NEAR CANARA TOOLS, M.S. PALYA, VIDYARANYAPURA POST, BENGALURU-560 097 …PETITIONER (BY SRI. K.L. SREENIVAS, ADVOCATE) AND: 1. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BENGALURU-560 001 2. THE ASSISTANT EXECUTIVE ENGINEER, VIDYARANYAPURA SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560 097. 3. SYED NAYAS S/O LATE SYED RAHEEM, AGE: NOT KNOWN, BUT MAJOR, OPP. MASJID, JAMIYA MASJID ROAD, M.S. PALYA, VIDYARANAYAPURA, BENGALURU-560 097 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7516 WP No. 17821 of 2019 4. SYED AKRAM, S/O LATE ALTAF, AGE: NOT KNOWN BUT MAJOR, BISMILLA BIEF STALL, JAMIYA MASJID ROAD, M.S. PALYA, VIDYARANYAPURA, BENGALURU-560 097 …RESPONDENTS (BY SRI. AMIT DESHPANDE, ADVOCATE FOR R1 & R2; SRI. SHANKAR T.N., ADVOCATE FOR R3; R4 - SERVED & UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OF WRIT IN THE NATURE OF WRIT OF MANDAMUS TO THE R-1 AND R-2 TO CONSIDER THE REPRESENTATIONS DATED 2.2.2019 AND 2.4.2019 AT ANNEXURE-B AND C RESPECTIVELY AND 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 petition is for issuance of a direction to consider the representations dated 02.02.2019 and 02.04.2019, copies of which are produced as Annexures – B and C. A further prayer is sought to direct - 3 - NC: 2025:KHC:7516 WP No. 17821 of 2019 the respondents 3 & 4 to demolish and remove the illegal construction. 2. It is noticed from Annexures – B & C that the petitioner’s grievance appears to be about the structure be put up for land bearing Sy.No.53/1. Since the petitioner is claiming that an illegal structure is been put up, it would be appropriate to direct the second respondent to consider the same and pass appropriate orders in accordance with law. Sd/- (N S SANJAY GOWDA) JUDGE DHA List No.: 1 Sl No.: 48 CT:SNN