Basavaraj K H vs The Commissioner
2021 Latest Caselaw 7058 Kant

                             1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF DECEMBER, 2021

                         BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

          WRIT PETITION No.20490/2019 (LB - BMP)

BETWEEN

BASAVARAJ K H.,
S/O KALLAIAH,
AGED ABOUT 45 YEARS,
SITE NO.12, 1ST CROSS,
PAPPANNA LAYOUT,
HORAMAVU VILLAGE,
BANGALORE - 13.

R/AT NO.66, 9TH MAIN ROAD,
N.M.P.C.HOSPITAL BUILDING,
JAYARAMREDDY LAYOUT,
HORAMAVU VILLAGE,
BANGALORE - 560 113.
                                            ... PETITIONER

[BY SRI.PAPEGOWDA B., ADVOCATE
   (PHYSICAL HEARING)]

AND

1.    THE COMMISSIONER,
      BRUHAT BANGALORE MAHANAGARA PALIKE,
      N.R.SQUARE,
      BANGALORE - 02.

2.    THE ASSISTANT EXECUTIVE ENGINEER
      BRUHAT BANGALORE MAHANAGARA PALIKE,
      MAHADEVAPURA ZONE,
                               2



     WARD NO.25, AEE,
     HORAMAVU SUB DIVISION,
     JAYANTINAGAR CIRCLE,
     BANGALORE - 560 043.
                                                ... RESPONDENTS

[BY SRI.AMIT DESHPANDE, ADVOCATE
   (PHYSICAL HEARING)]


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AN
ORDER UNDER I.A.NO.1 IN REV.APPEAL NO.309/2019 ON
25.4.2019 PASSED BY THE TRIBUNAL ANENXURE - A; QUASH THE
IMPUGNED ORDER PASSED UNDER ORDER DATED 1.3.2019
ISSUED BY THE R - 2 ANNEXURE - B AND ETC.,


     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner is before this Court calling in question an

order dated 25.04.2019 passed by the Karnataka Appellate

Tribunal (hereinafter referred to as 'the Tribunal' for short),

whereby, the Tribunal declined to grant any interim order of stay

upon the notices issued by the Corporation under Section 321

(1) (2) & (3) of the Karnataka Municipal Corporations Act, 1976.

2. Heard Sri. Papegowda B., learned counsel appearing

for the petitioner, Sri. Amit Deshpande, learned counsel

appearing for the respondents and have perused the material on

record.

3. This Court entertaining the petition had granted an

interim order of stay directing the respondents not to precipitate

any action to demolish the building of the petitioner, till the next

date of hearing. The said interim order is in subsistence even as

on date.

4. It is informed that the proceedings before the

Tribunal are at the stage of Final Hearing. Therefore, the

Tribunal is directed to dispose the appeal in Appeal

No.309/2019 within an outer limit of 3 months from the date of

receipt of a copy of this order. While so deciding, the Tribunal

shall bear in mind the judgments rendered by this Court with

regard to such construction being permitted by the respondents

- BBMP. Since the interim order is granted and subsisting as on

date, the same shall continue till the disposal of the appeal.

5. It is needless to observe that the petitioner shall

co-operate for disposal of the appeal, failing which, the interim

order granted by this Court (supra), would stand vacated.

6. With the aforesaid observations, the writ petition stands

disposed.

Sd/-

JUDGE

SJK