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2025 DAILYLAW 35610 (KAR)

SHEELA v. THE CHIEF COMMISSIONER

WP/31807/2024 · 2025-01-13

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:1308 WP No. 31807 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31807 OF 2024 (LB-BMP) BETWEEN: 1. SHEELA W/O LATE SRINIVAS MURTHY AGED 38 YEARS, RESIDING AT NO.16 BHEL MINI COLONY MALLASANDRA VILLAGE, YESHWANTHPUR HOBLI BANGALORE. 2. YOGESH KUMAR S/O M V MUNIVENKATAPPA 39 YEARS, RESIDING AT SITE NO.86 BHEL MINI COLONY MALLASANDRA VILLAGE, YESHWANTHPUR HOBLI BANGALORE. 3. SANTHU, S/O RAVI KUMAR, AGED 24 YEARS, RESIDING AT BHEL MINI COLONY MALLASANDRA VILLAGE YESHWANTHPUR HOBLI BANGALORE. 4. LOKESH S/O MURTHY, AGED 22 YEARS RESIDING AT BHEL MINI COLONY MALLASANDRA VILLAGE YESHWANTHPUR HOBLI Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1308 WP No. 31807 of 2024 BANGALORE 5. SATISH S/O RAVI KUMAR, 21 YEARS R/AT BHEL MINI COLONY MALLASANDRA VILLAGE, YESHWANTHPUR HOBLI BANGALORE 6. GAUTHAM G S/O GANGAHDAR 21 YEARS, R/AT BHEL MINI COLONY MALLASANDRA VILLAGE, YESHWANTHPUR HOBLI BANGALORE …PETITIONERS (BY SMT. VINITHA P C., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU - 560001. 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BANGALORE NORTH DIVISION DASARAHALLI ZONE DASARAHALLI, BANGALORE - 560073. 3. EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE BAGALGUNTTE BENGALURU - 560073. 4. ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE SHETTIHALLI SUB-DIVISION DASARAHALLI ZONE - 3 - NC: 2025:KHC:1308 WP No. 31807 of 2024 BENGALURU - 560073. 5. B M KENCHEGOWDA S/O LATE MARIGOWDA AGED 50 YEARS, R/AT BELLALE VILLAGE MELUKOTE HOBLI PANDAVPUR TALUK MANDYA DISTRICT.-571431. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR F-1 TO R-4; SRI. K.L.SREENIVAS., ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT R-1 TO 4 TO CONSIDER ANNEXURE-A THE REPRESENTATION DATED. 04.10.2024 GIVEN BY THE PETITIONERS TO R-1 ANNEXURE-B THE REPRESENTATION DATED. 08.10.2024 GIVEN BY THE PETITIONERS TO R-2 ANNEXURE-C THE REPRESENTATION DATED. 08.10.2024 GIVEN BY THE PETITIONERS TO R-3 AND ANNEXURE-D THE REPRESENTATION DATED. 08.10.2024 GIVEN BY THE PETITIONERS TO R-4 AND ANNEXURE-E THE REPRESENTATION DATED. 14.10.2024 GIVEN BY THE PETITIONERS TO R-3 WITHIN A SPECIFIED PERIOD, 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 - 4 - NC: 2025:KHC:1308 WP No. 31807 of 2024 ORAL ORDER 1. On the last occasion, this Court had orally directed the Bruhat Bengaluru Mahanagara Palike ('BBMP') authorities to remove the debris lying on the property in question and also the earth be excavated so that the passage would stand revived. 2. On 07.01.2025, this Court recorded the statement of the BBMP that by the next date of hearing, the debris lying on the property in question would be removed, so also earth would also be excavated so that the passage would stand revived. 3. The learned counsel appearing for the BBMP places on record the photographs which indicate that the debris has been removed from the property in question and also the earth has been excavated, thereby reviving the passage. 4. In this view of the matter, the prayer in this writ petition for considering the representation of the - 5 - NC: 2025:KHC:1308 WP No. 31807 of 2024 petitioners would not survive for consideration, since action has been taken to restore the passage. 5. Accordingly, the writ petition is dismissed as having become unnecessary. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 74