ORDER :

Shankar Ganapathi Pandit, J.

1. Even though the matter is listed for orders, with the consent of learned Counsel for both the parties, the matter is taken up for final disposal.

2. The petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the notice dated 04.12.2020 bearing No. BBMP/Sakala/HOUV/PO/71/2020-21 issued by the 1st respondent-Bruhath Bangalore Mahanagara Palike (for short 'the BBMP') under Section 321(1) and (2) of the Karnataka Municipal Corporations Act, 1976 (for short 'the Act').

3. This Court passed interim order dated 14.12.2020 staying the impugned notice dated 04.12.2020 and all further proceedings thereto and restrained the respondents from precipitating the matter, till the next date of hearing.

4. Heard Miss Nayana Tara, learned Counsel for Sri G.L. Vishwanath, learned Counsel for the petitioner, Sri K.N. Puttegowda, learned Counsel for respondents 1 and 2 through video conference and Sri K. Krishna, learned Counsel for respondent No. 3-Bangalore Development Authority (for short 'the BDA').

5. Learned Counsel for the petitioner would submit that petitioner is before this Court assailing the notice issued by the 1st respondent-BBMP under Section 321(1) and (2) of the Act, solely on the ground that there was no proper opportunity to the petitioner to file its objection and even before notice was served on the petitioner, the period mentioned therein was over. No opportunity of being heard was given to the petitioner and there was no reason to come to a conclusion that petitioner had put up construction upon park and road area. Learned Counsel would further submit that Public Interest Litigation (for short 'PIL') in W.P. No. 45820-823/2011 was filed by one Sri Dhanraj and others making the Aircraft Employees Co-op. Society Limited as party to the proceedings. Public Interest Litigation was with regard to layout formed by respondent No. 3-Society in the land acquired in Sy. Nos. 115/1, 116 to 121, 122/1 and 2, 124/13, 125 and 131/1, 3 of Kundalahalli, Survey Nos. 39 to 43 of Chinnappanahalli, Krishnarajapura Hobli and Survey Nos. 8 and 73 of Tubarahalli, Varthur Hobli, Bengaluru South Taluk, Bangalore District whereas the petitioner's property falls in Sy. Nos. 111 and 123/2 of Kundalahalli Village. The petitioner filed I.A. Nos. 12 and 13/2020 in the said WP No. 45820/2011 for impleading and for modification of the order dated 04.11.2020 passed in the said writ petition. The said applications were disposed of by order dated 16.12.2020 observing that the writ petition would be decided by the learned Single Judge on its own merits and without being influenced by the pendency of the writ petition and orders passed therein. Learned Counsel for the petitioner refers to order dated 13.01.2021 passed in W.P. No. 45820/2011, but the said order would not apply to the case of the petitioner.

6. The order dated 19.01.2021 passed under Section 321(3) of the Act would not refer to the order dated 16.12.2020, whereby the applications of the petitioner are disposed off. Moreover, it is submitted that this Court has passed an interim order staying the impugned notice dated 04.12.2020 issued under Section 321(1) and (2) of the Act and all further proceedings thereto. In that circumstances, it is stated that respondent-BBMP could not have proceeded to pass confirmation order under Section 321(3) of the Act.

7. Per contra, learned Counsel Sri. K.N. Puttegowda appearing on behalf of the respondent-BBMP would submit that the property involved in the present Writ Petition and the property involved in PIL i.e., W.P. No. 45820/2011 is one and the same. Further, the learned Counsel submits that the Division Bench of this Court while passing orders on I.A. Nos. 12 and 13 of 2020 filed by the petitioner herein in the said PIL permitted the BBMP to proceed further and not to take actual action of demolition for a period of three weeks. Thereafter, in view of the observa