ORDER

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

“i. Issue a writ, order or direction in the nature of mandamus directing the BESCOM, BWSSB not to provide electricity, water and sanitary connections to the building in the schedule property unless the construction is brought in compliance with the building bye laws.

ii. Direct the 1st respondent BBMP not to issue occupancy certificate nor allow the occupation of the schedule property unless the 6th respondent removes the encroachments and giving setbacks to the property and take action as per law.

iii. Direct the 6th respondent not to proceed with the construction unless all statutory clearance including NOC from the concerned authorities Fire and Emergency Services are obtained.

iv. Direct the concerned polices to give protection to the property of the petitioner.

v. Grant such other relief or relief’s as this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity and law.”

2. Brief facts of the case of the petitioner is that the land bearing No.123/2 situated at Uttarahalli Village, Hoskerehalli, BSK III Stage is belong to one Smt.Muniyamma and she has formed a revenue layout with sites. Respondent No.6 purchased revenue site bearing Site No.123/2-4 from Smt. Muniyamma by registered Sale Deed dated 11.12.2008 produced as Annexure-A. Further case of the petitioner is that the petitioner is the adjacent land owner of the above said site. Since respondent No.6 has constructed the residential house on the revenue site without obtaining any sanctioned plan and license, contrary to the Bangalore Mahanagara Palike Building Bye-Laws 2003, the petitioner has given a representation to the Assistant Executive Engineer, BBMP dated 06.06.2017 to take action under Section 321 of the Karnataka Municipal Corporations Act, 1976. Since the respondents/BBMP have not taken any action, the petitioner is before this Court in this writ petition.

3. As per the direction of this Court, respondents/BBMP filed a report stating that the plan has not been obtained by the petitioner.

4. Learned counsel appearing for respondent No.6 has contended that since the said sites are revenue sites, they need not obtain any plan. Therefore, they have not violated any building by-laws. He further contended that as per the report submitted by respondents/BBMP, it was contended that there is violation, but the same has not been brought to the notice of respondent No.6 by issuing any notice.

5. At this juncture, the learned counsel appearing for the respondents/BBMP submitted that if this Court grants some reasonable time, the representation submitted by the petitioner vide Annexure-G dated 06.06.2017 and the representation submitted by respondent No.6 vide Annexure-R2 dated 27.11.2023 would be considered, in accordance with law.

6. Under this circumstance, without expressing any opinion on the merits of the case, the writ petition is disposed of.

7. The respondents/BBMP is directed to consider the representation of the petitioner vide Annexure-G dated 06.06.2017 and representation submitted by respondent No.6 vide Annexure-R2 dated 27.11.2023, in accordance with law, after giving opportunity to both the parties, without being influenced by any observation made in this order.