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2025 DAILYLAW 36584 (KAR)

RAMACHANDRAIAH H C v. THE BRUHATH BENGALURU MAHANAGARA PALIKE

WP/34154/2024 · 2025-02-19

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:7475 WP No. 34154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34154 OF 2024 (LB-BMP) BETWEEN: 1. RAMACHANDRAIAH H C S/O CHIKKAHANUMANTHAPPA AGED ABOUT 45 YEARS RA/T NO 41/D, 1ST MAINR OAD 3RD CROSS, NEAR WATER TANK HANUMANTHANAGAR, SRIGANDHADAVAKAVLU BANGALORE 560091 …PETITIONER (BY SRI. R.S. RAVI., SENIOR COUNSEL FOR, SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. THE BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU 560001 REP BY ITS COMMISSIONER. 2. THE JOINT COMMISIOSNER BBMP, RAJRAJESHWARI DIVISON BENGALRU 560098. 3. THE JOINT DIRECTOR (CITY PLANNING) IDEAL HOMES, 18TH CROSS RAJARAJESHWARINAGAR BENGALURU 560098 4. THE ASSISTANT EXECUTIVE ENGINEER BBMP, HAROHALLI WARD RAJARAJESHARINAGAR BENGALURU 560098 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7475 WP No. 34154 of 2024 5. BHAGIRATHI W/O RENNASIDDIAH R, AGED 40 YEARS R/AT NO 41/ID, 1ST MAIN ROAD 3RD CROSS, HEALTH LAYOUT SIRIGANDADA KAVALU, HANMANTHANGAR YASHWANTHPUR HOBLI BANGALORE 560091 ALSO AT 110, 18TH MAIN ROAD MAHALAKSMIPURAM, JC NAGAR BANGALORE 560085 …RESPONDENTS (BY SMT. ANUSHA PRASAD., ADVOCATE FOR R-1 TO 4; SRI. B.V.ACHARYA., SENIOR COUNSEL FOR SRI. M.D. VIJAY SIMHA., FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO CONSIDER ANNEXURE-J THE REPRESENTATION DATED. 14.11.2024 AND ALSO DIRECT THE R-2 TO CONSIDER ANNEXURE-K THE REPRESENTATION DATED. 04.12.2024 GIVEN BY THE PETITIONER 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 ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to respondent No.1 to consider the representations dated 14.11.2024 and 04.12.2024, the copies of which are produced at Annexures ‘J’ and ‘K’. - 3 - NC: 2025:KHC:7475 WP No. 34154 of 2024 2. A further prayer is made seeking for a direction to respondent No.4 to consider the representation dated 12.11.2024 to take appropriate action for the illegal construction made by respondent No.5 within a specified period. 3. The learned Senior Counsel Sri.B.V.Acharya appearing for respondent No.5 submits that R-5 would have no objection if a direction is issued to respondent Nos.1 to 4 to consider the representations of the petitioner. 4. In light of the said submission, it would be appropriate to direct respondent No.4 to consider the representations made by the petitioner regarding the alleged illegal construction put up by respondent No.5 and pass appropriate order in accordance with law. Ordered accordingly. 5. The learned Senior Counsel also submits that respondent No.5 would not put up any further - 4 - NC: 2025:KHC:7475 WP No. 34154 of 2024 construction and that the construction has already been completed. 6. The said submission is taken on record and respondent No.5 is directed not to put up any further construction. 7. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 75