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2025 DAILYLAW 35196 (KAR)

SRI A S RAJASHEKHAR v. THE CHIEF COMMISSIONER

WP/30793/2024 · 2025-02-18

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:7251 WP No. 30793 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 30793 OF 2024 (LB-BMP) BETWEEN: 1. SRI A S RAJASHEKHAR S/O. LATE A.M. SUBRAMANIAM SHETTY, AGED ABOUT 65 YEARS, R/AT NO.575, 7TH MAIN ROAD, VIJAYANAGAR, HOSAHALLI EXTENSION, BENGALURU-560 040. BENEFIT OF SENIOR CITIZENSHIP HAS NOT CLAIMED …PETITIONER (BY SRI. H.P.LEELADHAR., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. 2. THE ASSISTANT DIRECTOR OF TOWN PLANNING, OFFICE OF BBMP COMMERCIAL COMPLEX BUILDING, WARD-153, 9TH MAIN RD, 2ND BLOCK, JAYA NAGAR EAST, JAYANAGAR, BENGALURU-560011 3. THE ASSISTANT EXECUTIVE ENGINEER, VIJAYANAGARA SUB-DIVISION, WARD NO. 123, LEGISLATOR'S OFFICE, 2ND MAIN ROAD, BENGALURU-560 040. 4. SRI C.SRIKANTAMURTHY, S/O. CHANDRASHEKHARAIAH, AGED ABOUT 48 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7251 WP No. 30793 of 2024 EARLIER RESIDING AT NO.576, 7TH MAIN, OPPOSITE GANDHI PARK, VIJAYANAGARA, HOSAHALLI EXTENSION, BENGALUR-560040 PRESENTLY RESIDING AT NO.920, 4TH MAIN ROAD, VIJAYANAGAR, HOSAHALLI EXTENSION, BENGALURU 560040 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R-1 TO R-3; SRI.L.K.MANJUNATHA., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO 3 TO ENFORCE THE PRELIMINARY ORDER BEARING NO. SA.NI.NA.YO(D)/PO/150/2024-25 DATED 07/10/2024 ISSUED VIDE ANNEXURE-L AND SHOW -CAUSE NOTICE BEARING NO. SA.NI.NA.YO(D)/PO/150/2024-25 DATED 07/10/2024 VIDE-M AND ALSO CONSEQUENTLY TO ENFORCE THE CONFIRMATION ORDER BEARING NO. SA.NI.NA.YO(D)/CO/150/2024-25 DATED 16/10/2024 PASSED BY THE R2 VIDE ANNEXURE-N IN CONFORMITY WITH THE APPROVED PLAN VIDE ANNEXURE-A, 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 prayer in this writ petition is to implement the order of confirmation that has been passed by the Bruhat Bengaluru Mahanagara Palike ('the BBMP') against respondent No.4. - 3 - NC: 2025:KHC:7251 WP No. 30793 of 2024 2. The learned counsel for the BBMP submits that as against the order of confirmation, the petitioner has preferred an appeal and secured an order of status quo. 3. In my view, in light of the order of status quo granted, the question of implementing the order of confirmation, as sought for by the petitioner, would not arise. 4. The writ petition is therefore dismissed as being premature as of now. 5. Liberty is however reserved to the petitioner to file a fresh petition after disposal of the appeal. 6. It would be open for the petitioner to seek for impleadement in the pending appeal. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 81