SMT C S DAKSHAYANI ALIAS DAKSHAYANAMMA v. THE COMMISSIONER BRUHAT BENGALURU
WP/33561/2024 · 2025-01-28
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35739 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35739 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3920 WP No. 33561 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33561 OF 2024 (LB-BMP) BETWEEN:
1.
SMT C S DAKSHAYANI ALIAS DAKSHAYANAMMA W/O M.V. KRISHNAPPA, AGED ABOUT 60 YEARS.
RESIDING AT NO.99, VINAY NILAYA, 3RD MAIN, 4TH CROSS, BHEL MINI COLONY, PIPELINE ROAD, MALLASANDRA, T. DASARAHALLI, BENGALURU-560057 …PETITIONER (BY SRI. VENKATESH C R., ADVOCATE)
AND:
1.
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, N.R. SQUARE, BENGALURU-560 002
2.
THE EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGAR PALIKE T.DASARAHALLI SUB-DIVISION, T.DASARAHALLI ZONE, MEI LAYOUT, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU-560073.
3.
THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE T.DASARAHALLI SUB-DIVISION, T.DASARAHALLI ZONE, MEI LAYOUT, HESARAGHATTA MAIN ROAD, BAGALAGUNTE, BENGALURU-560073.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3920 WP No. 33561 of 2024
4.
SRI.LAXMAN RAM, S/O LATE. DHANARAM JI, AGED ABOUT 63 YEARS, R/AT, NO.667, 'AAI MATHA MANSION', 1ST MAIN ROAD, T DASARAHALLI BENGALURU 560057 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R-1 TO R-3;
SRI. B.ROOPESHA., ADVOCATE FOR R-4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA., PRAYING TO DIRECTING THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE REPRESENTATIONS DATED 18.10.2024, AS ANNEXURE-D AND E AND FORTHWITH PREVENT THE UNAUTHORIZED CONSTRUCTION ON THE SCHEDULE B PROPERTY AND ALSO TO TAKE NECESSARY ACTION TO DEMOLISH THE PORTION OF CONSTRUCTION THAT HAS ALREADY COME UP ON THE SCHEDULE B PROPERTY, 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
ORAL ORDER
1. The prayer in this writ petition is to direct the respondents 1 to 3 to consider the representations dated 18.10.2024 by which the petitioner was requesting the respondents to prevent the unauthorized construction in schedule ‘B’ property.
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NC: 2025:KHC:3920 WP No. 33561 of 2024
2.
Learned counsel for the BBMP has placed on record the provisional and confirmatory order passed in respect of the building in respect of which the petitioner had lodged the complaint.
3. In light of the fact that BBMP has taken action and has ordered demolition, the prayer sought for in this writ petition does not survive for consideration. It is needless to state that BBMP to take up the matter to the logical conclusion, subject to any legal impediments that may occur.
4. The Writ Petition is accordingly disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 85