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2025 DAILYLAW 25321 (KAR)

SMT. VIDYASHREE N v. THE COMMISSIONER

WP/48059/2018 · 2025-01-23

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:3029 WP No. 48059 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 48059 OF 2018 (LB-BMP) BETWEEN: 1. SMT. VIDYASHREE N WIFE OF SRI MAHESH R M AGED ABOUT 27 YEARS, RESIDING AT FLAT NO.202 MAGAN MAHAL RESIDENCY NO.28 PALACE GUTTAHALLI SWIMMING POOL EXTENSION MALLESHWARAM, BANGALORE-560 003 …PETITIONER (BY SRI. JAGADISH S.HALASHETTI., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE (WEST) LG-34 SAMPIGE ROAD, JAI BHEEMA NAGAR MALLESHWARAM WEST, BANGALORE-560 003. 2. THE JOINT COMMISSIONER BRUAHT BANGALORE MAHANAGARA PALIKE (WES) LG-34 SAMPIGE ROAD, JAI BHEEMA NAGAR MALLESHWAAM WEST, BANGALORE-560 003 3. M/S DAYA MK DEVELOPERS PVT LD., HAVING ITS REGISTERED OFFICE AT LIME LIGHT HOUSE NO.16 5TH B MAIN OBALAPPA GARDEN TATA SILK FARM, BANGALORE-560082 REPRESENTED BY ITS MANAGING DIRECTOR SRI C A SRIDHAR RAJ URS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3029 WP No. 48059 of 2018 4. M/S MAHALAKSHMI ASSOCIATES HAVING ITS OFFICE AT NO.28 10TH CROSS SWIMMING POOL EXTENSION PALACE GUTTAHALLI MAIN ROAD MALLESHWARAM, BANGALORE-560 003 REPRESENTED BY ITS PROMOTER …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR SRI.H.DEVENDRAPPA., ADVOCATE FOR R-1 & R-2; SRI. MANJE GOWDA D.S., ADVOCATE FOR R-3 & R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE RESPONDENTS 1 AND 2 TO CONSIDER THE REPRESENTATION OF TH PETITIONER AS PER ANNEXURE-A DATED 1/9/2017 AND ANNEXURE-B DATED 4/9/2017, 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 the respondents 1 and 2 to consider the representation submitted by the petitioner on 01.09.2017 and 04.09.2017 and also for a direction to the respondents 1 and 2 to take action against the respondents 3 and 4, pursuant to the aforesaid representations. - 3 - NC: 2025:KHC:3029 WP No. 48059 of 2018 2. By the representations dated 01.09.2017 and 04.09.2017, it is sought to be contended by the petitioner that the area reserved for car parking has been utilized to run a commercial shop. In my view, since the parking area is alleged to be utilized for commercial purpose unlawfully by the respondents 3 and 4, it would be incumbent on the respondents 1 and 2 to consider the aforesaid representations of the petitioner and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. 3. The Writ Petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 62