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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

AND

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.15192 OF 2021 (LB-BMP-PIL)

BETWEEN:

MR.DINESH KUMAR D.B.

S/O MR BASAVARAJAPPA K H,

AGED 43 YEARS,

HAVING RESIDENCE AT NO.116,

1^ST FLOOR, EWS, OPP. GEM SCHOOL,

KHB COLONY, 1^ST STAGE,

BASAWESHWARA NAGARA,

BANGALORE 560079

WORKING AS NEWS EDITOR WITH

M/S. ARYAVARTH PUBLICATIONS PVT. LTD.,

HAVING OFFICE AT NO 1/1A, VB COMPLEX,

2^ND FLOOR, OPPOSITE MYSORE ROAD,

TELEPHONE EXCHANGE,

NEAR OLD TOLL GATE MYSORE ROAD,

BANGALORE 560023

E-MAIL : events.dinesh@gmail.com

PHONE-9741224861

...PETITIONER

(BY SRI.ANUPAM AGARWAL, ADVOCATE)

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AND:

1. THE COMMISSIONER OF

BRUHAT BANGALORE MAHANAGARA PALIKE

HAVING OFFICE AT HUDSON CIRCLE,

BANGALORE-560002, KARNATAKA

ALSO AT NR COLONY, BASAVANAGUDI,

BANGALORE 560004, KARNATAKA,

E-MAIL: comm@bbmp.gov.in

Ph: 080 22660000

2. ASSISTANT DIRECTOR TOWN PLANNING (SOUTH)

BRUHAT BANGALORE MAHANAGARA PALIKE,

COMMERCIAL COMPLEX BUILDING,

9^TH CROSS, 9^TH MAIN ROAD, 2^ND BLOCK,

JAYANAGARA, BANGALORE 560011,

KARNATAKA

E-MAIL: dtcp@karnataka.gov.in

Ph: 080 22353976

3. MR. DINESH BORA

MAJOR,

HAVING ADDRESS AT 3^RD FLOOR,

NO.16, FATEH COMPLEX,

S. KARIYAPPA ROAD, YADIYURU,

BASAVANGUDE, BANGALORE 560004

&RESPONDENTS

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO A.ISSUE A WRIT IN THE

NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,

ORDER, TO DEMOLISH THE ILLEGAL CONSTRUCTION IN THE SAID

SCHEDULE PROPERTY AS AN ILLEGAL CONSTRUCTION OF THE

RESIDENTIAL BUILDING MATERIALLY AFFECTS THE RIGHT TO OR

ENJOYMENT OF THE PROPERTY BY THE PERSONS RESIDING IN THE

RESIDENTIAL AREA AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, SACHIN SHANKAR MAGADUM J., MADE THE

FOLLOWING:

ORDER

The captioned petition is filed in the nature of public

interest litigation seeking writ of mandamus to demolish the

illegal construction made in the schedule property.

2.

The present writ petition is filed by alleging that

respondent No.3 has illegally put up construction upto four

floors without obtaining any permission from the respondent

No.1/Corporation. The petitioner alleges that the respondent

No.3 has put up a commercial complex without obtaining

commencement

certificate,

occupancy

certificate

and

sanctioned letter. The petitioner contends that the structure

put up by the respondent No.3 is in utter violation of the rules

and guidelines of the Bruhat Bengaluru Mahanagara Palike.

The petitioner further claims that he was compelled to issue a

legal notice on 09.11.2020 calling upon the respondents to

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furnish a copy of the sanctioned plan, approval plan,

commencement certificate as well as occupancy certificate.

3.

The petitioner on these set of grounds is before this

Court contending that the respondent No.1/Corporation is

unwilling and also incapable of preventing illegal construction

and therefore, the present writ petition is filed in the nature of

public

interest

litigation

seeking

a

mandamus

to

the

respondent No.1 officials to take appropriate action against

the illegal construction.

4.

Heard the learned counsel for the petitioner and

perused the records.

5.

The petitioner is a resident of Basaveshwaranagar

and claims to be a journalist and an RTI activist working as a

News Editor with M/s.Aryavarth Publications Pvt. Ltd. On

perusal of the records, we are not convinced in regard to the

credentials of the petitioner in initiating the present public

interest litigation before this Court. We are a bit surprised

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that the petitioner has filed the present writ petition in respect

of one building which is situated at Basavanagudi. Therefore,

we have serious doubts about the bonafides of the petitioner

in filing the present writ