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2025 DAILYLAW 21682 (KAR)

SOCIAL AMENITIES ASSOCIATION v. CHIEF COMMISSIONER

WP/10289/2024 · 2025-03-05

S Sunil Dutt Yadav

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Judgment text

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- 1 - NC: 2025:KHC:9344 WP No. 10289 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10289 OF 2024 (LB-BMP) BETWEEN: 1. 2. 3. SOCIAL AMENITIES ASSOCIATION HAVING ITS OFFICE AT NO.381, 2ND FLOOR, 100 FT ROAD, HAL 2ND STAGE, BENGALURU-560 038 REPRESENTED BY ITS SECRETARY MRS INDIRA VISHWANATHAN ANIL DEV SON OF B.L. DEV AGED ABOUT 62 YEARS RESIDING AT NO.646, 11TH MAIN HAL 2ND STAGE BANGALORE - 560 008. ISABEL MARTINA PAUL W/O TONY SAM GEORGE AGED ABOUT 50 YEARS RESIDING AT NO.2989, 12TH MAIN ROAD HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560 008. … PETITIONERS (BY SMT. SNEHA NAGARAJ., ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9344 WP No. 10289 of 2024 AND: 1. CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002 2. JOINT COMMISSIONER (EAST) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002 3. ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002 4. ASSISTANT DIRECTOR OF TOWN PLANNING (EAST) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002 5. MEDICAL OFFICER OF HEALTH BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002 6. THE HEALTH OFFICER (EAST) BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU-560 002 7. B R LEELAVATHI MAJOR, FATHER NAME NOT KNOWN RESIDING AT NO.611, - 3 - NC: 2025:KHC:9344 WP No. 10289 of 2024 12TH MAIN ROAD, HAL 2ND STAGE BENGALURU-560 008 … RESPONDENTS (BY SRI. S.H. PRASHANTH., ADVOCATE FOR R1 TO R6; NOTICE TO R7 HELD SUFFICIENT V/O DATED 25.11.2024) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, DIRECTING THE R-2 TO 6 TO CONSIDER THE REPRESENTATIONS DTD 12.03.2024 (ANNEXURE-A SERIES) MADE BY THE PETITIONER AND DISALLOW THE OPERATION OF THE RESTAURANT AND INITIATE CLOSURE OF THE ESTABLISHMENT AS PER LAW AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for issuance of writ of mandamus to direct respondents 2 to 6 to consider the representation at Annexure-A series made by the petitioner and to restrain the operation of the restaurant being run in the premises belonging to the 7th respondent. 2. During the pendency of the proceedings, learned counsel appearing for the respondent - BBMP has - 4 - NC: 2025:KHC:9344 WP No. 10289 of 2024 filed a memo and submits that proceedings under Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act') had been initiated and has now culminated in the order for demolition passed under Section 356 of the Act. 3. Learned counsel appearing for the respondent - BBMP submits that pursuant to such demolition order dated 06.12.2024, necessary action would be initiated within a period of two weeks. 4. Taking note of such undertaking, petition is disposed off. Needless to state that respondent - BBMP is to take steps pursuant to demolition order dated 06.12.2024 expeditiously. In the event no steps are taken in terms of the undertaking, respondent - BBMP to seek for extension of time before this Court. Respondent - BBMP is further directed to file caveat before the appellate authority as well as before the jurisdictional City Civil Courts in order to - 5 - NC: 2025:KHC:9344 WP No. 10289 of 2024 ensure that the order passed does not end up in further litigation. Sd/- (S SUNIL DUTT YADAV) JUDGE VP