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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF JANUARY, 2020

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO.50908 OF 2019 (LB-BMP-PIL)

BETWEEN:
M/s JANA JAGRITI PRATISTANA ®
ADMINISTRATIVE OFFICE AT NO.65/1,
9TH CROSS, 39TH MAIN,
80 FEET ROAD, J P NAGAR,
IST STAGE, BENGALURU-78
REP BY ITS HON.SECRETARY
... PETITIONER
(BY SHRI M.VEERABHADRAIAH, ADVOCATE)

AND:

1. THE COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PALIKE,
HUDSON CIRCLE,
BENGALURU-01

2 . THE JOINT COMMISSIONER

HOMBEGOWDANAGARA SUB DIVISION,
BRUHAT BANGALORE MAHANAGARA PALIKE,
B B M P COMPLEX, JAYANAGAR,
BANGALORE-01

3 . THE ASSISTANT EXECUTIVE ENGINEER

WARD NO.153, HOMBEGOWDANAGAR,
SUB DIVISION, BBMP,
JAYANAGAR,
BENGALURU-11
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4 . EXECUTIVE ENGINEER
CHIKPET DIVISION,
BRUHAT BANGALORE MAHANAGARA PALIKE,
BENGALURU-02

5 . CHAIRMAN
B.W.S.S.B.,
CAUVERY BHAVAN,
K G ROAD, BENGALURU-09

6 . ASSISTANT EXECUTIVE ENGINEER

WARD NO.153, HOMBEGOWDANAGAR,
SUB DIVISION, BBMP,
SHANTHINAGAR,
BENGALURU-27

7 . CHAIRMAN
BESCOM, CAUVERY BHAVAN,
K G ROAD,
BENGALURU-09

8 . ASSISTANT EXECUTIVE ENGINEER

BESCOM, WARD NO.153,
SHANTHINAGAR SUB DIVISION,
BENGALURU-27

9 . SRI H S NARAYANA
S/O LATE H K SHIVASHANKAR,
AGED ABOUT 58 YEARS,
R/AT NO.286, SHRI SAI NILAYA,
6TH CROSS, 3RD BLOCK,
HMT LAYOUT,
VIDYARANYAPURA,
BENGALURU-97

10 . SRI H S SHRIKANTAIAH
S/O LATE H K SHIVASHANKAR,
AGED ABOUT 54 YEARS,
R/AT NO.247/9, 10TH D MAIN,
MYSORE BANK COLONY,
IST BLOCK, JAYANAGAR,
BENGALURU-11
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11. G. RUPESH KUMAR

S/O RAGHURAM NAIDU,
AGED ABOUT 36 YEARS,
R/AT NO.36 YEARS,
R/AT NO.475, 9TH CROSS,
BHUVANESHWARINAGARA,
BSK 3RD STAGE,
BENGALURU-85

12. B. RAMESH
S/O KUPPASWAMY NAIDU,
AGED ABOUT 35 YEARS,
R/AT NO14/1, 14/2,
SAI LAYOUT, OPP.MODERN SCHOOL,
UTTARAHALLI,
BENGALURU-61
... RESPONDENTS
(BY SHRI K.N.PUTTETOWDA, ADVOCATE FOR
R-1 TO R-4 AND R-6;
SHRI K.B.MONESH KUMAR, ADVOCATE FOR R-5;
SHRI V.N.MURTHY, ADVOCATE FOR R-7 & R-8;
SHRI B.S.JEEVAN KUMAR, ADVOCATE FOR R-11;
R-12 IS SERVED AND UNREPRESENTED)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT AUTH ORITY TO EXECUTE THE ORDER
DATED 4/4/18 PASSED U/S 321(3) OF KMC ACT, 1976 VIDE
NO.AEE/HOMBEGOWDANAGAR/PN/13/17-18 PASSED BY
THE 3RD RESPONDENT A.E.E, BBMP AS PER ANNEXURE-G
CONSEQUENTLY DIRECT THE 3RD RESPONDENT
AUTHORITY TO DEMOLISH THE BUILDING WHICH IS
CONSTRUCTED BY THE 9TH AND 10TH RESPONDENTS IN
VIOLATION OF THE BBMP BYELAWS AND SANCTIONED
PLAN DATED 14/12/17 VIDE LP NO.AD.COM/SUT/0867/17-18
AS PER ANNEXURE-B, AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER

The first prayer in this writ petition is for enjoining the

Bruhat Bengaluru Mahanagar Palike (for short, “BBMP”) to

implement the order dated 4th April, 2018 passed under

sub-section (3) of Section 321 of the Karnataka Municipal

Corporations Act, 1976 (for short, “the said Act of 1976”).

2. So far as the said order is concerned, the learned

counsel appearing for BBMP, on instructions, states that

the order is the subject matter of challenge in a civil suit in

which an order of temporary injunction is granted. He

states that BBMP has already applied in the said suit for

vacating the interim injunction as well as for rejecting the

plaint.

3. The second grievance in the petition is that the order

dated 4th April, 2018 is confined only to the ninth and tenth

floor, but in the representations at Annexures-M to M5, it is

pointed out that there are several illegalities in the other

floors as well.

4. So far as the first prayer is concerned, BBMP has

taken necessary steps as stated by the learned counsel.

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As regards the grievance regarding the other illegalities, we

direct BBMP to depute a competent officer to visit the

building with a view to ascertain whether there are any

other illegalities associated with the building. The officer

concerned shall visit the building after notice to the

petitioner and to the ninth to twelfth respondents.

5. If any illegality is found by the officer concerned,

BBMP is bound to take action in accordance with law in

terms of Section 321 of the said Act of 1976. This exercise

shall be completed within a period of two months from

today.

6. With the above directions, the petition is disposed of.

Sd/-
CHIEF JUSTICE

Sd/-
JUDGE

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