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2025 DAILYLAW 76706 (KAR)

ASC CENTRE AND COLLEGE v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/22053/2025 · 2025-08-07

M I Arun

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30719 WP No. 22053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22053 OF 2025 (LB-BMP) BETWEEN: 1. ASC CENTRE AND COLLEGE MINISTRY OF DEFENCE PIN: 900493, C/O 56 APO LOWER AGARAM ROAD VICTORIA LAYOUT, AGRAM BENGALURU- 560 007. REP. BY COLONEL STAFF OFFICER (LAND) FOR ASC CENTRE AND COLLEGE COL. SHRI C.A. BHEEMA RAO. …PETITIONER (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALURU -560 002 REPRESENTED BY ITS COMMISSIONER. 2. THE ZONAL COMMISSIONER, SOUTH BRUHAT BENGALURU MAHANAGARA PALIKE EAST ZONE, PUBLIC UTILITY BUILDING M.G. ROAD, BENGALURU-560 001. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30719 WP No. 22053 of 2025 DOMLUR SUB DIVISION, DOMLUR BENGALURU-560 071. 4. MR. A VENKATESH FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR IN AGE R/AT SITE Nos.277 AND 278 IN SURVEY NO.58/5, DOMLUR BENGALURU-560 071. …RESPONDENTS (BY SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR R1 TO R3; SRI. SHASHANK, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.1 TO 3 TO CONSIDER THE REPRESENTATION DATED 01.07.2025 SUBMITTED BY THE PETITIONER TO RESPONDENT NO.3 AND TO TAKE SUITABLE ACTION AGAINST THE 4TH RESPONDENT FOR HAVING PUT UP UNAUTHORIZED CONSTRUCTION OVER THE PROPERTY AT SITE Nos.277 AND 278 IN SY.NO.58/5 OF DOMLUR, BENGALURU WHICH IS 20 METERS FROM THE BOUNDARY PILLAR Nos.10 AND 11 AT 3 WELL AREA OF THE PETITIONER VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30719 WP No. 22053 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner aggrieved by the construction being put up by respondent no.4 over site Nos.277 and 278 in Sy.No.58/5, Domlur, Bengaluru-71, has made representation to respondent nos.1 to 3-BBMP to initiate appropriate action against respondent no.4. On the ground that the same has not been considered so far, the present writ petition is filed with a prayer to direct respondent nos.1 to 3 to initiate appropriate action against respondent no.4. 2. Learned counsel for respondent no.4 upon instructions submits that, he has also made necessary representation to the concerned authorities to grant necessary permission to him regarding the construction and the same is yet to be granted. 3. Learned counsel for respondent nos.1 to 3 upon instruction submits that they will examine the representations - 4 - HC-KAR NC: 2025:KHC:30719 WP No. 22053 of 2025 of both the petitioner as well as respondent no.4 and will act in accordance with law. 4. The petitioner as well as respondent no.4 are agreeable for the same. 5. Hence, the following: ORDER The writ petition is disposed of with a direction to respondent nos.1 to 3 to consider the representation of the petitioner and also the reply/representation of respondent no.4, if any, and pass appropriate orders in accordance with law as expeditiously as possible. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 48