PRESTIGE WHISTLING PALMS OWNERS AND RESIDENTS WELFARE ASSOCIATION v. THE CHIEF COMMISSIONER
WP/5806/2025 · 2025-07-08
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49274 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49274 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24659 WP No. 5806 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5806 OF 2025 (LB-BMP) BETWEEN:
PRESTIGE WHISTLING PALMS OWNERS AND RESIDENTS WELFARE ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 HAVING OFFICE AT SY. NO. 125/3, 126/1, 127, ECC ROAD, WHITEFIELD, BENGALURU - 560 066
REPRESENTED COLLECTIVELY BY ITS AUTHORISED REPRESENTATIVES,
1.
MR. DEV ANAND SIVAPRAKASAM, AGED ABOUT 45 YEARS, S/O. MR. SIVA PRAKASAM,
2.
MS. PIYA RAY, AGED ABOUT 55 YEARS, D/O.MR MRIDUL KUMAR, AND
3.
MS. ANNU RAJAN, AGED ABOUT 38 YEARS, W/O. MR. SANGEETH …PETITIONER (BY SRI. RAJKUMAR M D., ADVOCATE)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24659 WP No. 5806 of 2025
AND:
1.
THE CHIEF COMMISSIONER, BBMP, HUDSON CIRCLE, BENGALURU - 560 002.
2.
THE ASST. EXECUTIVE ENGINEER, BBMP, MAHADEVAPURA ZONE, HOODI SUBDIVISION, WHITEFIELD MAIN ROAD, OPPOSITE PHOENIX MARKETCITY, RHB COLONY, MAHADEVAPURA, BENGALURU – 560 066.
3.
MR. VAYYAVURU MANOHAR RAO, AGED ABOUT 36 YEARS, S/O. SREENIVASULU VAYYAVURU, RESIDING AT FLAT NO. 3074, 7TH FLOOR, TOWER-3, WINDMILLS OF YOUR MIND, EPIP ZONE, WHITEFIELD, BENGALURU – 560 048. …RESPONDENTS (BY SRI. MONESH KUMAR K B., ADVOCATE FOR R1 & R2, SMT. MANASA B. RAO, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICEL 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE R- 1 AND 2 TO CONSIDER AND ACT UPON THE PETITIONERS REPRESENTATION DTD. 03.02.2025 AT ANNX-A EXPEDITIOUSLY IN A TIME BOUND MANNER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:24659 WP No. 5806 of 2025
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The petitioner, a de facto complainant, has approached this Court seeking a direction to respondent Nos.1 and 2 to consider the representation dated 03.02.2025, as per Annexure-A, and to conclude the proceedings initiated under Section 248 of the BBMP Act, 2020.
2. Learned counsel appearing for the BBMP, on instructions, submits that a provisional order has already been issued, and the subsequent steps contemplated under Section 248 (3) of the BBMP Act will be duly undertaken and concluded within a time-bound manner.
3. Recording the said assurance, this Court proceeds to pass the following:
ORDER (i)
The writ petition is allowed in part.
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HC-KAR NC: 2025:KHC:24659 WP No. 5806 of 2025
(ii) Respondent No.2 is directed to conclude the proceedings initiated under Section 248 of the BBMP Act, 2020, pursuant to the issuance of the provisional order under sub- sections (1) and (2) thereof, strictly in accordance with the procedure prescribed under Section 248.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
AKV List No.: 1 Sl No.: 5