Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26538 WP No. 18657 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.18657 OF 2025 (LB-BMP)
BETWEEN:
SRI.B.K.VASUDEVA MURTHY S/O LATE H.A.KRISHNA MURTHY AGED ABOUT 65 YEARS R/AT NO.5, H.B.SAMAJA LINK ROAD GANDHI BAZAR BENGALURU - 560 004
…PETITIONER (BY SRI. V B RAVISHANKER, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001
2.
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BENGALURU - 560 002
3.
THE JOINT COMMISSIONER (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE BBMP COMPLEX, 9TH MAIN
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26538 WP No. 18657 of 2025
9TH CROSS, JAYANAGAR 2ND BLOCK BENGALURU - 560 011
4.
THE EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE JAYANAGAR 2ND BLOCK BENGALURU - 560011
5.
THE ASST. EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE JAYANAGAR 2ND BLOCK BENGALURU - 560011
6.
THE ASSISTANT DIRECTOR TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE BBMP COMPLEX, 9TH MAIN 9TH CROSS, JAYANAGAR 2ND BLOCK BENGALURU - 560 011
7.
SMT.GAYATHRI M GOKHALE W/O LATE PANDURANGA RAO GOKHALE AGED ABOUT 66 YEARS
8.
SRI.SANDEEP M GOKHALE S/O LATE PANDURANGA RAO GOKHALE AGED ABOUT 42 YEARS
SL.NOS.7 AND 8 ARE RESIDING AT NO.4, H.B.SAMAJA LINK ROAD BASAVANAGUDI GANDHI BAZAR BENGALURU - 560 004
…RESPONDENTS (BY SRI.H.K.KENCHEGOWDA, AGA FOR R.1;
SRI.PAWAN KUMAR, ADVOCATE FOR R.2 TO R.6)
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HC-KAR NC: 2025:KHC:26538 WP No. 18657 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION OF THIS PETITIONER DTD 20.03.2025 VIDE ANNX-H AND TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS.1 TO 6 HEREIN TO INITIATE ACTION AGAINST THE R-7 AND 8 AS PER PROVISION OF SECTION 248 OF THE BBMP ACT 2020 FOR PUTTING UP ILLEGAL CONSTRUCTION OVER THE SCHEDULE B PROPERTY AND CONSEQUENTLY DIRECT THE R-1 TO 6 TO DISMANTLE THE ILLEGAL CONSTRUCTION BEING PUT UP BY THE R-7 AND 8 OVER THE SCHEDULE B PROPERTY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned counsel appearing for the BBMP, on instructions, submits that the provisional order passed under Section 248(1) of the BBMP Act, 2020 is sent to Zonal Commissioner for approval.
2. Recording his submission, the captioned writ petition is rendered infructuous and therefore, no further indulgence is warranted.
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HC-KAR NC: 2025:KHC:26538 WP No. 18657 of 2025
In that view of the matter, the writ petition stands disposed of.
However,
learned counsel appearing for respondent Nos.2 and 3 is hereby directed to ensure that the competent authority proceeds with the next steps as contemplated under Sections 248(1) and 248(2) of the BBMP Act, 2020, and concludes the proceedings arising from the provisional order within a reasonable period. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 19