2023 Supreme(Online)(KAR) 22840

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7204 OF 2021 (LB-BMP)

C/W WRIT PETITION NO. 26829 OF 2017 (LB-BMP) WRIT PETITION NO. 11852 OF 2021 (LB-BMP) WRIT PETITION NO. 22426 OF 2022 (LB-BMP) WRIT PETITION NO. 16580 OF 2023 (LB-BMP) WRIT PETITION NO. 16912 OF 2023 (LB-BMP) WRIT PETITION NO. 19268 OF 2023 (LB-BMP) WRIT PETITION NO. 22463 OF 2023 (LB-BMP)

IN W.P.NO. 7204/2021 BETWEEN: SRI NAGARAJ S/O LATE HANUMAIAH AGED ABOUT 45 YEARS R/AT NO. 183, KATTAPPA LANE

7TH CROSS ROAD, Digitally signed KODIHALLI by BENGALURU 560008 NARAYANAPPA LAKSHMAMMA …PETITIONER Location: HIGH COURT OF (BY SRI. MANJUNATHA S V.,ADVOCATE)

KARNATAKA AND:

1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU 560001.

2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE EAST DIVISION MAYOHALL, BENGLAURU 560004

3. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE INDIRANAGAR SUB DIVISION BENGALURU 560008

4. THE CHIEF ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE MAYOHALL BUILDING BENGALURU 560004

5. SMT. PARVATHAMMA D/O LATE KATAPPA AGED ABOUT 42 YEARS RA/T NO. 181, KODIHALLI VILLAGE WARD NO. 74, BENGALURU 560008 6. SMT. LAKSHMI W/O GURUVAIH D/O HANUMAIAH, AGED ABOUT 62 YEARS, R/AT NO. 181, 7TH CROSS, YELAMMA TEMPLE STREET, KODIHALLI VILLAGE, WARD NO.88, BENGALURU-560008.

(AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 21.8.2023)

…RESPONDENTS (BY SRI. KARTHIKEYAN B S.,ADVOCATE FOR R1 TO R4;

SRI. C.V. ANNAIAH., ADVOCATE FOR R5;

SRI. AMARESH A. ANAGADI., ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO THE RESPONDENTS 1 TO 4 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONER DATED 19.08.2020, 16.09.2020, 12.10.2020 AND 2.11.2020 OF FOUR REPRESENTATIONS PRODUCED AS ANNEXURE A TO D AND ETC.

IN W.P.NO. 26829/2017 BETWEEN:

SRI H RAJANNA S/O ANKANNA AGED ABOUT 52 YEARS R/O 41/A, 1ST MAIN ROAD 4TH CROSS, JAKKASANDRA WARD NO.173 BEGNALURU-560038 …PETITIONER (BY SRI. VASANTH MADHAVA S .,ADVOCATE)

AND:

1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU 560001.

2. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE KORAMANGALA SUB DIVISION KORAMANGALA, BENGALURU 560038 …RESPONDENTS (BY SMT. RAKSHITHA D.J., ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS QUASHING THE ORDER PASSED BY THE RESPONDENT NO.2, THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, IN HIS CONFIRMATION ORDER NO. AEE(KML)/CO/07/2014-15 DATED 10.12.2014 (ANNEXURE-E) BY QUASHING THE ORDER OF THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO. 24/2015 DATED 12.12.2016 (ANNEXURE-F) AND PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

IN W.P.NO. 11852/2021 BETWEEN: KUM. KUSUMA D/O NAGARAJU AGED ABOUT 28 YEARS RESIDING AT NO.318, SRI LAKSHMINARASHIMHA SWAMY NILAYA, OLD BANK COLONY, KONANAKUNTE, BANGALORE-560062.

…PETITIONER (BY SRI. CHAITANYA S.G. .,ADVOCATE)

AND:

1. THE COMMISSIONER BRUHAT BANGALORE MAHANGARA PALIKE BANGALROE CITY CORPORATION OFFICE, NR SQUARE, BANGALORE-560002.

2. THE EXECUTIVE ENGINEER ANJANAPURA LAYOUT, KONANAKUNTE, BENGALURU-560062

3. THE ASSISTANT EXECUTIVE ENGINEER ANJANAPURA SUB DIVISION, BBMP, 2ND MAIN ROAD, 6TH CROSS, RBI EAST LAYOUT, JP NAGAR, 7TH PHASE, BENGALURU-560078. 4. THE ASSISTANT ENGINEER OFFICE OF BBMP ANJANADHRI LAYOUT, KONANAKUNTE, BENGALURU-560062.

5. SRI. ASHWATHAPPA AGED 48 YEARS

6. SMT. PUSHPA W/O SRI ASHWATHAPPA AGED 47 YEARS BOTH ARE R/O 316, OLD BANK COLONY, KONANAKUNTE, BENGALURU-560062. 7. SMT. JAYAMMA AGED 73 YEARS R/O 316, OLD BANK COLONY, KONANAKUNTE, BENGALURU-560062.

…RESPONDENTS (BY SMT. B.P. RADHA., ADVOCATE FOR R1 TO R4;

SRI. T.H. AVIN., ADVOCATE FOR R5 TO R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS NO. 1 TO 4 BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 23.12.2019 VIDE ANNEXURE-K1 AND K2 TO TAKE ACTION UNDER SECTION 462 OF KARNATAKA MUNICIPAL CORPORATION ACT TO DEMOLISH THE ILLEGAL CONSTRUCTIONS BUILT IN DOOR NO. 317, BEARING NO. 3/A, WARD NO. 195, OLD BANK COLONY, KONANAKUNTE, BANGALORE-560062 AND ETC. IN W.P.NO.22426/2022 BETWEEN: MR K VIJAYA AGED 63 YEARS W/O MR. M RAJENDRAN R./AT 94

2ND CROSS BHYASAMNAGAR DAYANANDA NAGAR BENGALURU - 560021 OCCUPATION. HOUSE WIFE …PETITIONER (BY SRI. RAGHAVENDRA A. KULKARNI .,ADVOCATE)

AND:

1. THE CHIEF COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE - 560002

2. ASSISTANT EXECUTIVE ENGINEER SRIRAM MANDIRA SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE

1ST FLOOR, SRI M VISHWESWARAIAH COMMERCIAL COMPLEX RAJAJINAGAR BANGALORE - 560010 …RESPONDENTS (BY SRI. KARTHIKEYAN B.S., ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT IN THE FORM OF A DIRECTION/ORDER SETTING ASIDE THE UNDATED IMPUGNED ORDER PASSED BY THE R1 VIDE ANNEXURE-A AND CONSEQUENTLY TO ALLOW THE APPEAL IN APPEAL 98/2022 FILED BEFORE THE R1 AND ETC.

IN W.P.NO.16580/2023 BETWEEN:

SRI. RAVI S S/O SHANMUGAM AGED ABOUT 55 YEARS, NO. 17/23, 1ST MAIN

5TH CROSS, VENKATESHWARA LAYOUT, S G PALYA, DRC POST, BANGALORE 560029 …PETITIONER (BY SRI. MAYANNA GOWDA N.R. .,ADVOCATE)

AND:

1. THE CHIEF COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE - 560002

2. THE ASSISTANT EXECUTIVE ENGINEER BTM LAYOUT SUB DIVISION, 16TH MAIN ROAD, BTM 1ST STAGE, BBMP, WARD NO.152, MADIWALA MAHANAGARA PALIKE BUILDING, BANGALORE-560029.

…RESPONDENTS (BY SMT. M.C. NAGASHREE, ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN RESPECT OF CASE NO.20/2023 BEFORE THE CHIEF COMMISSIONER OF BBMP AT BANGALORE AND ETC.

IN W.P.NO.16912/2023 BETWEEN:

SRI.K.C. JAGANNATHA REDDY S/O LATE CHIKKAMUNIYAPPA REDDY, AGED ABOUT 66 YEARS, RESIDING AT NO.2, 13TH CROSS, HENNUR MAIN ROAD, KACHARAKANAHALLI ST THOMAS POST, BENGALURU 560084.

…PETITIONER (BY SRI. C. SHANKAR REDDY.,ADVOCATE)

AND:

1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU - 09.

2. THE ASSISTANT EXECUTIVE ENGINEER, MARUTHISESEVA NAGAR SUB DIVISION, WARD NO. 29, BRUTHAT BENGALURU MAHANAGARA PALIKE, KACHARAKANAHALLI BENGALURU 560084.

3. SMT. P. SUDHA, WIFE OF SHIVA KUMAR, DAUGHTER OF B. POOJAPPA AGED ABOUT 33 YEARS, 4. P AMARAVATHI, AGED ABOUT 26 YEARS, DAUGHTER OF B. POOJAPPA, 5. P.PUSHPALATHA AGED ABOUT 23 YEARS, DAUGHTER OF B. POOJAPPA RESPONDENTS 3 TO 5 ARE RESIDING AT NO. 1250, JYOTHI NAGAR, KACHARAKANAHALLI, KASABA HOBLI, BENGALURU - 560084.

…RESPONDENTS (BY SRI. BATHE GOWDA. K.V., ADVOCATE FOR R1 & R2; SRI. MADHUKAR DESHPANDE., ADVOCATE FOR R3 & R4;

R5-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 OR DIRECTIONS OF LIKE NATURE DIRECTING THE RESPONDENT NO.2 TO CONSIDER AND DISPOSE OF THE REPRESENTATION DATED 15.07.2023 MADE BY THE PETITIONER ADDRESSED TO THE ASSISTANT EXECUTIVE ENGINEER, MARUTHISEVA NAGAR SUB DIVISION, SECOND RESPONDENT HEREIN, VIDE ANNEXURE-G TO THE WRIT PETITION, WITHIN A LIMITED TIME FRAME AS THE MATTER IS EXTREMELY URGENT IN NATURE.AND ETC.

IN W.P.NO.19268/2023 BETWEEN:

MR. AYUB AHMED S/O RIYAZ SHERRIF, AGED ABOUT 35 YEARS RESIDING AT SY NO 35, EJEEPURA MAIN ROAD, AMBEDKAR COLONY, WARD NO 15, BANGALORE - 560047 …PETITIONER (BY SRI. SRINANDAN K.,ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY VIKAS SOUDHA, DEPT OF HEALTH AND FAMILY WELFARE AMBEDKAR VEEDHI BANGALORE - 560001

2. ASSISTANT EXECUTIVE ENGINEER DOMLUR SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE - 560071

3. THE COMMISSIONER BBMP, HUDSON CIRCLE, BANGALORE - 560002 …RESPONDENTS (BY SRI. VIKRAM.H., AAG A/W SMT. B.P. RADHA., AGA FOR R1;

SRI. B.S. KARTHIKEYAN., ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DATED 17.08.2023 PASSED BY RESPONDENT NO.2 BEARING NO. SA.KA.A/DHO/P.O/05/2023-24 AT ANNEXURE-A AND ETC IN W.P.NO.22463/2023 BETWEEN:

SRI SHUHAIB AHMED S/O MUKTHIYAR AHMED AGED 30 YEARS R/ATNO FALT NO 208 RIZWAN TOWERS NO 23 F STREET CLEVELAND TOWN FRAZER TOWN BENGALURU 560005 …PETITIONER (BY SRI. RAVINDRANATH K.,ADVOCATE)

AND:

1. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU 560002 REP BY CHIEF COMMISSIONER

2. BRUHAT BENGALURU MAHANAGAR PALIKE REP BY ASSISTANT EXECUTIVE ENGINEER HBR LAYOUT SUB DIVISION 5TH MAIN ROAD, 3RD BLOCK HBR LAYOUT, BBMP BENGALURU 560043

3. SECRETARY TO GOVERNMENT URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001.

(AMENDED AS PER COURT ORDER DATED 9.10.2023)

…RESPONDENTS (BY SMT. CHAITRAVATHI. B.S., ADVOCATE FOR R1 & R2;

SRI. VIKRAM.H., AAG A/W S,T/ B.P. RADHA., AGA FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD FROM THE OFFICE OF THE RESPONDENTS AND AFTER VERIFYING THE SAME, QUASH THE IMPUGNED ORDER DATED 30.09.2023 IN APPEAL NO. 15/2023 VIDE ANNEXURE-A AND ETC.

THESE WRIT PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: