The petitioner is before this Court seeking for the

following reliefs:

1. Writ of Mandamus or directions to the respondents to

dismantle the partial permanent construction of

platform/stage in front of the shop premises of the

petitioner bearing No. 164, Gandhi Bazar Main Road,

Basavanagudi, Bengaluru-560004 measuring 15 ft X

20 ft as per letter addressed to the Respondents 2 to

4 dated 12.10.2023 along with photographs as per

Annexure D1 to D6.

2. Pass such other order or orders as this Hon’ble Court

may deem fit in the facts and circumstances of the

case in the interest of justice and equity.

The grievance of the petitioner is that respondents is

in the process of design and redevelopment of

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Gandhi Bazaar Road are putting up permanent

construction in front of the property of the petitioner

which would have the effect of impinging on the

ingress and egress to the petitioner’s shop.

By relying on the judgment passed by Co-ordinate

Bench of this Court in the case of B.R.Gururaj and

another vs. the State of Karnataka and others¹,

Sri.G.R.Mohan, learned counsel for the petitioner

would submit that what this Court permitted is only

for providing of a platform for street vendors and no

permanent structure could be put up and the height

of the platform of the street vendors has been

restricted to 150 mm as clarified by this Court in the

case of Sri.L.Gundu Rao vs. State of Karnataka

and others².

By referring to the photographs at Annexure-E4 page

62 and Annexure-E5 page 63 to the Writ Petition, the

1 W.P.No.9002/2023 & c/w matters dated 08.08.2023

2 W.P.No.20440/2023 dated 13.10.2023

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learned counsel submits that the height is more than

150 mm and there is a granite slab which has been

affixed therein which is a permanent structure. On

the above grounds, he submits that the relief sought

for are required to be granted.

5.

Sri.B.S.Srinivas, learned counsel for Corporation

would submit:

5.1. that the platform in question in the present

matter is not for street vendors but it is a

platform for the purpose of holding small

function in an organized manner so that the

location of such function is fixed and it can be

conducted in a disciplined and organized

manner.

5.2. The height though is slightly higher than 150

mm, it is not as per the photographs produced

by the petitioner at Annexures-E4 and E5

inasmuch as in Annexure-E4, there are 3 rows

of hollow bricks which have been shown

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whereas what has been used is only one row of

hollow bricks which has been used with a

granite slab to enable the people to sit there.

5.3. His submission is also that apart from the said

platform, there is a footpath of a width of 2.5

mtrs which has been made available for ingress

and egress to the petitioner’s shop and the

platform does not in any manner interfere with

such ingress and egress.

5.4. Insofar as the pole put up by the BSNL and

BESCOM, the said authorities are in the process

of shifting the wire underground which would

be completed within three weeks from now. On

the above, he submits that the Writ Petition

requires to be dismissed.

6.

Heard

Sri.G.R.Mohan,

learned

counsel

for

the

petitioner,

Smt.B.P.Radha,

learned

AGA

for

respondent

No.1

and

Sri.B.L.Sanjeev,

learned

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counsel for respondents No.2 to 4 and perused the

papers.

7.

The only grievance of the petitioner is that ingress

and egress to the petitioner’s shop is going to be

blocked by this platform. On perusal of photographs

and on the basis of the submission made by

Sri.B.L.Sanjeev, learned counsel that platform does

not have any other outer covering on the periphery

and nothing is proposed to be built on the said

platform. The purpose of putting up the platform is

for holding small functions which would be to the

benefit of all the shop owners and the street vendors

in the said locality and the same being part of the

design which has been approved cannot be found

fault with by the petitioner. A perusal of the

photographs produced by