Notice dated 15.10.2017 was issued by the 5th respondent

calling upon the petitioner to remove the construction by

encroaching the Raja Kaluve by invoking Section 187 of the

Karnataka Municipalities Act, 1964 (for short `Act'). In

pursuance of the impugned notice issued by the 5th respondent,

the petitioner has submitted a reply with the respondent No.5

stating that the construction put up by the petitioner is not on

the Raja Kaluve, and the construction put up by the petitioner

was in accordance with the sanctioned building plan. However,

the 5th respondent without examining the reply submitted by the

petitioner is proceeding to remove the alleged encroachment

made by the petitioner.

2.

In an identical matter, the learned counsel for the 5th

respondent herein has stated that they would pass appropriate

orders in accordance with law, after consideration of the reply

submitted by the petitioner therein and if necessary will conduct

3

an inspection of the property of the petitioner therein and

determine the existence on the Raja Kaluve. In view of the order

passed by the co-ordinate Bench of this Court in WP

No.54174/2018 (DD 27.8.2021), this writ petition is also required

to be disposed of in the light of the order passed in the said writ

petition. Accordingly, I pass the following:

ORDER

i)

Writ petition is disposed of.

ii)

The reply submitted by the petitioner shall be

considered and the proceeding shall be completed within a period

of four months from the date of receipt of certified copy of this

order.

Till consideration of the reply submitted by the petitioner,

the 5th respondent is hereby restrained from taking any coercive

action against the petitioner in the light of the notice dated

15.10.2017 vide Annexure-A.

All contentions are kept open.

Sd/-

JUDGE

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