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2025 DAILYLAW 36625 (KAR)

SMT M K H BHAGYAVATHAMMA v. THE STATE OF KARNATAKA

WP/35643/2024 · 2025-01-31

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:4533 WP No. 35643 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35643 OF 2024 (LB-BMP) BETWEEN: 1. SMT M K H BHAGYAVATHAMMA AGED ABOUT 70 YEARS, W/O LATE H. MARIYAPPA, R/A. NO. 407, 9TH F MAIN, 2ND CROSS, PIPELINE ROAD, VIJAYANAGAR, BANGALORE 560040 …PETITIONER (BY SRI. PAVAN G K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, AMBEDKAR VEEDHI BANGALORE 560 001 2. THE ASSISTANT EXECUTIVE ENGINEER, HAL AIRPORT SUBDIVISION, MEG LAYOUT, BBMP, BANGALORE -560037 3. ENGALURU BRUHAT MAHANAGARA PALIKE (BBMP) HUDSON CIRCLE, BANGALORE - 560 002 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1; SMT. SAMIDHA PRADEEP WAINGANKAR., ADVOCATE FOR R-2 & R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4533 WP No. 35643 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE R2 TO IMPLEMENT THE ORDER DTD 20.02.22 BEARING ORDER NO. BBMP/SA.KA.AA/HAL AIRPORT SUB DIVISION / CO. 43/A/21-22 VIDE ANNEXURE-G, 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. This Writ Petition is filed seeking for a direction to respondents No.2 and 3 to consider the representations dated 03.04.2024, 15.05.2024 and 22.10.2024, copies of which are produced as Annexures-N and Q, whereby they are requesting to direct respondent No.2 to implement the confirmatory order dated 20.02.2022 passed by the Bruhat Bengaluru Mahanagara Palike ('the BBMP'). 2. Learned counsel appearing for the BBMP submits that pursuant to the confirmatory order, the owner of the property has preferred an appeal, which was also dismissed, as against which W.P. No.3431/2024 has - 3 - NC: 2025:KHC:4533 WP No. 35643 of 2024 been filed and an interim order has been granted by this Court 06.02.2024. 3. In the light of the fact that there is a legal bar for the BBMP to initiate action and implement the order of confirmation, the prayer sought for in this Writ Petition cannot be granted. 4. However, liberty is reserved to the petitioner to file a fresh Writ Petition after the disposal of W.P. No.3431/2024. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 51