Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18052 WP No. 12833 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12833 OF 2022 (LB-BMP) BETWEEN:
1.
SRI. K. MANJUNATH S/O. SRI. KRISHNAPPA, AGED ABOUT 30 YEARS, R/AT NO. 40, RAMACHANDRAPURA, AREHALLI MAIN ROAD, BENGALURU-560 061.
… PETITIONER (BY SRI. SWAMY B P., ADVOCATE) AND:
1.
JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI RANGE, BENGALURU-560 068.
2.
EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU SOUTH, SOUDHAMINI BADAVANE, BENGALURU-560 068.
3.
ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BEGUR SUB-DIVISION, BENGALURU-560 068. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:18052 WP No. 12833 of 2022
4.
ASSISTANT EXECUTIVE ENGINEER (ELECL.) S-10, SUB-DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, HULIMAVU, BENGALURU-560 114.
5.
6.
SRI. VINOD FATHERS NAME NOT KNOWN, MAJOR, NO. 110, KHATHA NO. 1364/75/523/C/110, BEGUR VILLAGE AND HOBLI, BENGALURU SOUTH TALUK.
SRI B. RAMACHANDRA S/O LATE BASAPPA AGED ABOUT 61 YEARS RESIDING AT NO.197, 1ST FLOOR 7TH MAIN, V.P. NAGAR, BEGUR BENGALURU - 560 068.
… RESPONDENTS (BY SRI. MALLIKARJUNA REDDY K S., ADV. TO R1 TO R4;
SRI B.S. RADHANANDAN, ADVOCATE FOR R5;
SRI P. PRASANNA KUMAR, ADVOCATE FOR R6) ***
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R1 TO R4 TO EXECUTE THEIR ORDERS DATED 24.03.2022 VIDE ANNEXURE-E AND ORDER DATED 06.04.2022 VIDE ANNEXURE-F EFFECTIVELY AND TO STOP THE CONSTRUCTION OF BUILDING BY THE R5 FORTH WITH BY ALLOWING THE ABOVE WRIT PETITION 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
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NC: 2025:KHC:18052 WP No. 12833 of 2022 ORAL ORDER
This petition is filed seeking for issuance of writ in the nature of mandamus to direct the respondents to execute the orders at Annexures-'E' and 'F'. The order at Annexure-'F' dated 06.04.2022 is the order passed under Section 248(3) of the Bengaluru Mahanagara Palike Act, 2020 ('BBMP Act' for short).
2.
Learned counsel appearing for the respondent - BBMP submits that the proceedings under Section 248 had been initiated on the premise that there was no plan for the said premises. However, it is pointed out that learned counsel appearing for private respondents has filed a memo and enclosed copy of the sanction plan. Accordingly, it is submitted by learned counsel for the respondent BBMP in light of oversight of respondent - BBMP that the proceedings under Section 248 of BBMP Act were initiated, but the question of proceeding further to enforce the order passed under Section 248 would not
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NC: 2025:KHC:18052 WP No. 12833 of 2022 arise in light of the plan produced. Accordingly, it is submitted that the matter may be disposed off.
3. Taking note of the stand of learned counsel appearing for respondent BBMP and the plan enclosed alongwith the memo filed, the petition is disposed off as not calling for any adjudication. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR