Extracted from the PDF above. The PDF is authoritative.
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NC: 2024:KHC:37444 WP No. 14142 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 14142 OF 2024 (LB-BMP) BETWEEN:
SRI. MUNIVENKATAPPA S/O SRI. HANUMAPPA AGED ABOUT 58 YEARS R/AT NO.17 CHOWDESHWARI NILAYA 3RD CROSS, LAKE ROAD BYRASANDRA C.V. RAMAN NAGARA POST WARD NO.58 BENGALURU 560 093 …PETITIONER (BY SRI. V R BALARAJ, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT URBAN DEPARTMENT, VIKASA SOUDHA BANGALORE 560001
2.
THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE HUDSON CIRCLE BENGALURU 560 002
3.
THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE (EAST DIVISION), MAYOHALL BENGALURU 560 001
Digitally signed by R DEEPA Location:
HIGH COURT OF KARNATAKA
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NC: 2024:KHC:37444 WP No. 14142 of 2024
4.
THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGAR PALIKE C.V. RAMAN NAGARA SUB-DIVISION BENGALURU 560 093
5.
SRI GOPINATHAN S/O SRI M.NATHAN AGED ABOUT 58 YEARS R/AT NO.18, 3RD CROSS, LAKE ROAD, BYRASANRA, C.V.RAMAN NAGARA POST, WARD NO.58 BENGALURU 560 093
ALSO AT NO.25 BHUVANESHWARI NAGAR BYRASANDRA, BENGALURU EAST BENGALURU 560093 …RESPONDENTS (BY SRI. H. K. KENCHEGOWDA, AGA FOR R1;
SRI. PRAVEEN KUMAR RAIKOTE, ADV. FOR R2 TO R4;
SRI. HARSHITH N. BALAKRISHNA, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 30/03/2024 PRODUCED AT ANNEXURE-D, D1 TO D3; DIRECT THE R2 TO 4 TO TAKE ACTION AGAINST THE R5 FOR THE ILLEGAL CONSTRUCTION OF THE HOUSE DONE BY HIM.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
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NC: 2024:KHC:37444 WP No. 14142 of 2024
ORAL ORDER
The petitioner has filed this writ petition seeking for writ of mandamus directing respondent Nos.2 to 4 to consider the representation of the petitioner dated 30.03.2024 vide Annexures - D, D1 to D3 and to take appropriate action against respondent No.5 for the illegal construction of the house undertaken by respondent No.5.
2.
Learned counsel for respondent Nos.2 to 4 filed a memo along with documents, which discloses that respondent Nos.2 to 4 have already initiated the proceedings against respondent No.5. The BBMP has issued orders under Section 248(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'the Act') on 28.02.2024, under Section 248(2) of the Act on 28.02.2024 and passed confirmation order on under Section 248(3) of the Act on 28.03.2024. As the respondents have taken the action against the respondent No.5, in view of the same, nothing survives for
consideration in this writ petition.
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NC: 2024:KHC:37444 WP No. 14142 of 2024
Accordingly, the writ petition is disposed of as having become infructuous. In view of dismissal of the writ petition, I.A.No.1/2024 does not survive for consideration.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB