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2025 DAILYLAW 25431 (KAR)

SHRI SHAILESH CHARATI v. COMMISSIONER

WP/15386/2025 · 2025-07-01

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23473 WP No. 15386 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.15386 OF 2025 (LB-BMP) BETWEEN: 1. SHRI.SHAILESH CHARATI S/O BASAVAPRABHU CHARATI AGED ABOUT 47 YEARS FLAT NO.5P105, ARYA HAMSA APARTMENTS JP NAGAR, 8TH PHASE BENGALURU - 560083 2. SHRI.VISHWAS AVATHI GUNDURAO S/O AGED ABOUT 44 YEARS FLAT NO.2D104, ARYA HAMSA APARTMENTS JP NAGAR, 8TH PHASE BENGALURU -560083 3. SHRI. RAGHUNANDAN K.V S/O VENKATESH MURTHY AGED ABOUT 46 YEARS FLAT NO.5M402, ARYA HAMSA APARTMENTS JP NAGAR, 8TH PHASE BENGALURU - 560083 4. SHRI. AMARINDER SINGH S/O MR GURDEVE SINGH AGED ABOUT 49 YEARS FLAT NO A.109, BRIGADE MILLENIUM JP NAGAR, 7TH PHASE BENGALURU - 560083 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23473 WP No. 15386 of 2025 5. SMT. VILASINI RAMKUMAR W/O RAMKUMAR GOPALAN AGED ABOUT 42 YEARS FLAT NO.2A701, ARYA HAMSA APARTMENTS JP NAGAR, 8TH PHASE BENGALURU - 560083 6. KRISHNA MANJESHWAR PADAKANNAYA S/O SUBRAMANYA PADAKANNAYA FLAT NO.3B, 302, ARYA HAMSA APARTMENT JP NAGAR, 8TH PHASE BENGALURU - 560083 …PETITIONERS (BY SRI.VIDYADHAR M DURGEKAR, ADVOCATE) AND: 1. COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE(BBMP) N.R SQUARE BENGALURU KARNATAKA - 560002 2. ASSISTANT EXECUTIVE ENGINEER BBMP GOTTIGERE WARD (194) BBMP OFFICE, 1ST MAIN ROAD BESIDE ROYAL COUNTY PARK 1ST PHASE, JP NAGAR 8TH PHASE BENGALURU - 560083 3. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY (BDA) KUMARA PARK WEST T.CHOWDAIAH ROAD BENGALURU - 560020 …RESPONDENTS (BY SRI. MONESH KUMAR K B.,ADVOCATE FOR R.1 TO R.3) - 3 - HC-KAR NC: 2025:KHC:23473 WP No. 15386 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS COMPELLING THE RESPONDENTS TO IMMEDIATELY CEASE ALL UN-AUTHORISED CONSTRUCTION ACTIVITIES ON THE DESIGNATED ON SPACE LAND IN AND AROUND IN SY. NO.28/3 WHICH IS ADJACENT TO THE ARYA HAMSA APARTMENTS, J.P. NAGAR 8 PHASE, BANGALORE-560083 AS PER RMP-2015 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed seeking direction against the BBMP to take action/cease all unauthorized construction activities undertaken in the land bearing Sy. No.28/3, which is adjacent to "Arya Hamsa" Apartments, J.P.Nagar, 8th Phase, Bengaluru - 560083. 2. Learned counsel appearing for the BBMP has placed on record a provisional order passed under Section 248(1) of the BBMP Act, 2020, along with a receipt evidencing compliance with Section 248(2) of the said Act. - 4 - HC-KAR NC: 2025:KHC:23473 WP No. 15386 of 2025 It is submitted that the grievance raised by the petitioner has been duly addressed by the competent authority in accordance with the statutory provisions. 3. In view of the same, this Court is of the opinion that no further adjudication is warranted in the present writ petition, as the grievance no longer survives for consideration. Accordingly, the writ petition stands disposed of with a direction to the respondent-BBMP to conclude the proceedings in accordance with the procedure prescribed under Section 248 of the BBMP Act, 2020. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12