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2025 DAILYLAW 33998 (KAR)

MR RAMESH K S v. THE COMMISSIONER

WP/28511/2024 · 2025-01-21

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:2348 WP No. 28511 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 28511 OF 2024 (LB-BMP) BETWEEN: 1. MR RAMESH K S AGED ABOUT 53 YEARS S/O MR SRINIVASA MURTHY K RESIDING AT F -1 FIRST FLOOR, LINEA APPORVA, NO 09, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011. 2. MRS. USHA RAMESH AGED ABOUT 48 YEARS W/O RAMESH K.S RESIDING AT F -1 FIRST FLOOR, LINEA APPORVA, NO 09, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011 3. MR. R.V. SURENDRA AGED ABOUT 62 YEARS S/O SRI R VENKATA RAO RESIDING AT F -2 SECOND FLOOR, LINEA APPORVA NO 09, 18TH MAIN, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560011 4. MRS B .V. SUMA AGED ABOUT 53 YEARS W/O MR R .V. SURENDRA RESIDING AT F -2 SECOND FLOOR, LINEA APPORVA NO 09, 18TH MAIN, 4TH T BLOCK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2348 WP No. 28511 of 2024 JAYANAGAR, BENGALURU - 560011 …PETITIONERS (BY SRI. H V DEVARAJU., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHNAGARA PALIKE HUDSON CIRCLE, BENGALURU - 560002 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH ) AND ZONAL COMMISSIONER (SOUTH) BBMP COMMISSIONER OFFICE COMMERCIAL COMPLEX BUILDING 9TH CROSS ROAD, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGARA, BENGALURU - 560011 …RESPONDENTS (BY SRI. B.S.KARTHIKEYAN., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR CONNECTED RECORDS RELATING TO THE PROVISIONAL ORDER, DTD 05.8.2023 BEARING NO. ASST.D.T.P.(S)/PO/85/2023-24 AT ANNEXURE-L AND CONFIRMATION ORDER, DTD 16.08.2024 BEARING NO. ASST.D.T.P.(S)/CO/85/2023-24 AT ANNEXURE-M, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The orders impugned in this petition were also the subject matter of W.P.No.28495/2024, which had been filed by the owners of the ground floor, - 3 - NC: 2025:KHC:2348 WP No. 28511 of 2024 whereas the present petition is filed by the owners of the first floor. 2. In the said writ petition, this Court had concluded that the impugned orders had been passed without serving notice on the petitioners in whose name the khata had stood transferred. 3. In my view, since impugned orders have already been quashed and the matters have been remitted to the Authorities, permitting the petitioners, i.e., the landowners, to file their objections to the confirmatory order by treating as a show cause notice, the very same order will be passed in this writ petition. 4. Consequently, the petitioners are directed to treat the order of confirmation as a provisional order and file their objection within a period of four weeks. If such objection being filed, the concerned Authority - 4 - NC: 2025:KHC:2348 WP No. 28511 of 2024 shall pass appropriate order after hearing the petitioners in accordance with law. 5. This petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 3