Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 30851 (KAR)

SMT K JAYALAKSHMI v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/21577/2024 · 2025-02-04

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5002 WP No. 21577 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 21577 OF 2024 (LB-BMP) BETWEEN: SMT. K. JAYALAKSHMI WIFE OF LATE SHRI. KRISHNAMOHAN AGED ABOUT 72 YEARS, RESIDING AT NO.4C, 412, 4TH CROSS ROAD, NEAR BWSSB TANK, EAST OF NGEF LAYOUT KASTHURI NAGAR, VTC DOORAVANI NAGAR BANGAORE - 560 016 AGE BENEFIT NOT CLAIMED …PETITIONER (BY SRI. TEJESHWAR K., ADVOCATE SRI. POOJITH PRASAD D., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, HUDSON CIRCLE, N.R. SQUARE, BENGALURU, KARNATAKA - 560 002 2. ASSISTANT EXECUTIVE ENGINEER BBMP, HORAMAVU, BANGALORE - 560 016 3. MR. SYED IMRAN MAJOR, AGE NOT KNOWN RESIDING AT NO.143, 2ND MAIN JAFFAR, KASTURINAGAR BANGALORE - 560 043 …RESPONDENTS (BY SMT. SINCHANA M.R., ADVOCATE FOR R1 & 2 SRI. P.B. AJITH, ADVOCATE FOR R3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5002 WP No. 21577 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 04.07.2024 THAT IS ANNX-A. ISSUE A WRIT OF MANDAMUS TO THE R1 AND 2 TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION PUT UP BY THE R3, THAT ANNX-E TO E3 AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The prayer in this writ petition is for direction to be issued to respondent Nos. 1 and 2 to consider the representation dated 04.07.2024. A copy of it is produced as Annexure-A and also to direct them to demolish the unauthorized construction put up by respondent No.3. 2. Learned counsel appearing for BBMP has placed on record the provisional order that has been passed against respondent No.3 and also an order of confirmation. This therefore indicates that BBMP has taken action on the complaint and has initiated steps regarding the illegal construction put up by respondent No.3. - 3 - NC: 2025:KHC:5002 WP No. 21577 of 2024 3. Learned counsel for respondent No.3 submits that, as against the order of confirmation, an appeal has been preferred in Appeal No. 7 of 2025 and the same is pending consideration. In light of the fact that, BBMP has already taken action against the construction being put up by respondent No.3 on the premise that it is illegal, the prayer sought for in the writ petition has already been granted by the BBMP itself. In that view of the matter, the prayer for interim order would not survive for consideration. 4. Learned counsel for respondent No.3 submits that, respondent No.3 has stopped construction and he will not undertake any further construction, till disposal of the appeal. This statement is also taken on record. Hence, the writ petition is dismissed. Sd/- (N S SANJAY GOWDA) JUDGE SPV List No.: 1 Sl No.: 71