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2025 DAILYLAW 39154 (KAR)

VIJAYKUMAR v. THE CHIEF COMMISSIONER

WP/30085/2025 · 2025-10-08

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39484 WP No. 30085 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.30085 OF 2025 (LB-BMP) BETWEEN: VIJAYKUMAR, S/O. LATE NANJAPPA, AGED ABOUT 51 YEARS, R/AT NO. 454, 2ND CROSS, 7TH STAGE, BEML, MYLASANDRA, RAJARAJESHWARI NAGAR, BENGLAURU - 560 098. …PETITIONER (BY SRI. NAVEEN KUMAR M., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BRUHATH BENGALURU MAHANAGAR PALIKE, N R SQUARE, BENGALURU - 560 002. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39484 WP No. 30085 of 2025 2. THE ZONAL COMMISSIONER, RAJARAJESWARI NAGAR ZONE, BBMP, 18TH CROSS, IDEAL HOMES, RAJARAJESWARI NAGAR, BENGALURU - 560 098. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR SUCH ORDER THIS HON'BLE COURT DEEM FIT TO QUASH THE IMPUGNED ORDER BEARING NO. ZC/RRN/PO/375/25-26 DATED 14/07/2025, PASSED BY 2ND RESPONDENT VIDE, ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 3 - HC-KAR NC: 2025:KHC:39484 WP No. 30085 of 2025 ORAL ORDER The petitioner has challenged the order bearing No. ZC/RRN/PO/375/25-26 dated 14.07.2025 passed by respondent No.2 to demolish the construction put up by the petitioner. He has also sought for writ or order in the nature of mandamus to direct the respondents to refrain from taking any coercive action against the building constructed over the schedule property. 2. When this petition was listed for orders, the learned counsel for the respondents submitted that the petitioner is already before the standing committee and has filed an appeal before the appellate authority and therefore, this writ petition is not maintainable. 3. Learned counsel for the petitioner did not dispute this, but contended that the appellate authority is not considering the appeal and the application for stay. At this stage, the learned counsel for the respondent submits that the appellate authority shall consider the appeal of the petitioner in accordance with the law. - 4 - HC-KAR NC: 2025:KHC:39484 WP No. 30085 of 2025 4. In view of the aforesaid submission, this petition does not survive for consideration before this Court. Hence, the petition is disposed of. Respondent No.1 is directed to dispose of the appeal filed by the petitioner within a period of two months from the date of receipt of a certified copy of this order. Until then, the respondents shall not demolish the existing structure and shall also not take any coercive steps to disconnect the water, sewage and electricity connections to the property in question. In view of the disposal of the writ petition, pending I.As, if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE DS CT:TSM List No.: 1 Sl No.: 16