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2025 DAILYLAW 36263 (KAR)

KHADEER AHMED SHARIFF v. ASSISTANT EXECUTIVE ENGINEER

WP/34080/2024 · 2025-01-21

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:2314 WP No. 34080 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. 34080 OF 2024 (LB-BMP) BETWEEN: 1. KHADEER AHMED SHARIFF LATE S A SHARIFF, AGED ABOUT 57 YEARS, NO.30 OBALAPPA STREET CHIKKA MAVALLI, BANGALORE-560004. …PETITIONER (BY SRI. MOHAMMED TAHIR., ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER, BBMP KEMPEGOWDA NAGAR SUB DIVISIONAL OFFICE 2ND FLOOR 1ST CROSS SIDAIAH ROAD BANGALORE-560002. 2. JOINT COMMISSIONER (SOUTH) BBMP KEMPEGOWDA NAGARA SUB DIVISION 9TH MAIN 9TH CROSS 2ND BLOCK JAYANAGAR BENGALURU-560011. 3. SOUTH ZONAL OFFICER ZONAL COMMISSIONER (SOUTH) BBMP KEMPEGOWDA NAGARA SUB DIVISION 9TH MAIN 9TH CROSS 2ND BLOCK JAYANAGAR BENGALURU-560011. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2314 WP No. 34080 of 2024 DIRECT THE R-2 SOUTH ZONAL OFFICER TO CONSIDER THE REQUISITION SUBMITTED BY THE PETITIONER BY REQUESTING VIDE DTD. 20.09.2023 AND 20.06.2024 FOR REGULARIZATION OF PENALTY AT ANNX-A AND A1, 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 direct the 2nd respondent to consider the requisition submitted by the petitioner for regularization of his construction. 2. Learned counsel for the petitioner submits that, by oversight, the representation has been submitted to the 2nd respondent, whereas it ought to have been submitted to the 3rd respondent. 3. He seeks for permission to submit a fresh representation to the 3rd respondent and request that he be directed to consider the same. 4. In the light of the above, this writ petition is disposed of permitting the petitioner to submit a representation seeking for regularization of his - 3 - NC: 2025:KHC:2314 WP No. 34080 of 2024 construction by submitting an appropriate representation to the 3rd respondent. If such a representation is made, the same shall be considered by the 3rd respondent and appropriate orders be passed in accordance with law within a period of four weeks from the date of the receipt of the copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 28