ORDER

1. In this writ petition, the petitioner has sought for the following reliefs:

a) for an interim order in the nature of an injunction restraining the 3th Respondent from letting out the 2nd, 3rd and 4th floor of the writ petition "B" schedule property in favour of third parties, either by way of lease or mortgage pending disposal of the above writ petition in the interest of justice and equity.

b) for an interim order in nature of an injunction restraining the 4rd respondent from running the Hotel in the writ petition "B" schedule property pending disposal of the above writ petition in the interest of justice and equity.

"A" SCHEDULE PROPERTY All that piece and parcel of immovable property measuring East to West 70+75x2 feet and North to South 30x2 bearing No. 2373/F situated at 1st Main Road, 9th cross, RPC Layout, Vijayanagar, Bangalore-560 040, comprising constructed houses and bounded on East by SWD, West by: Road, North by:

2373/D & E and South by: Site No. 2373/A, 2373/B & 2373/C.

"B" SCHEDULE PROPERTY All that piece and parcel of immovable property measuring East to West: 36 feet and North to South 40x2 bearing No. 2373/B situated at 1st Main Road, 9th cross, RPC Layout, Vijayanagar, Bangalore-560 040, comprising constructed houses and bounded on East by Site No. 2373/C, West by: 2373/A, North by: 2373/F &

South by: Road.”

2. The case of the petitioner is that the husband of the petitioner was the owner of petition ‘A’ schedule property and he had put up construction in the property and was in possession of the said property. Later, he died on 25.02.2022 leaving behind the petitioner and daughter as his legal heirs. Thereafter, the petitioner succeeded to the said property. Respondent No.3 is the adjacent owner of petition ‘B’ schedule property and he intended to put up construction in the petition ‘B’ schedule property and hence obtained sanction plan from the competent authority for construction of building for residential purpose. But the respondent No.5 has put up commercial building in the said property by violating the sanction plan. Therefore, the petitioner has lodged a complaint (legal notice) dated 23.01.2017 before the respondents-BBMP vide Annexure-J. Since no action has been taken, the petitioner is before this Court.

3. This court on earlier occasion had directed the respondent No.5-BBMP to conduct inspection of the properties of both the petitioner as well as the respondent No.3 and submit a report as to whether there is any violation of sanction plan and bye-laws in respect of properties of the petitioner and respondent No.3. Pursuant to the directions of this Court, the respondents-BBMP has conducted inspection.

4. Today, the learned counsel for respondents-BBMP has filed a memo along with the report. The same is taken on record.

5. The learned counsel for respondents-BBMP submits that if this court grants some reasonable time, the respondents-BBMP will take action, in accordance with law. 6. In that view of the matter, without expressing any opinion on the merits of the case, the writ petition is disposed of.

7. The respondent No.5 is directed to consider the representation dated 23.01.2017 submitted by the petitioner vide Annexure-J, in accordance with law, within five months from the date of receipt of copy of this order.