Karnataka High Court
Raghavendra Badavane Nivasigala vs The Secretary To The Government on 16 March, 2022
Bench: Krishna S.Dixit
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3678 OF 2022(LB-BMP)
BETWEEN:
RAGHAVENDRA BADAVANE NIVASIGALA
KSHEMABHIVRUDDI SANGHA (R),
NO.153A, 3RD CROSS, RAGHAVENDRA BADAVANE,
OPP: BHARAT PETROLEUM CORPORATION LTD
PETROL PUMP, 8TH BLOCK,
SIR. M VISHWESHWARAIAH LAYOUT,
VISHWANEEDAM POST, GIDADA KONENAHALLI,
BANGALORE - 560 091.
BY ITS PRESIDENT
SRI. SRINIVASAIAH G,
S/O LATE GANGAIAH,
AGED ABOUT 54 YEARS.
...PETITIONER
(BY SRI. B S MAHENDRA, ADVOCATE)
AND:
1. THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE COMMISSIONER,
BRUHATH BANGALORE MAHANAGARA PALIKE,
HUDSON CIRCLE, BANGALORE - 560 001.
3. SRI. K B MRUTHYUNJAYA,
S/O GANGAPPA,
AGED ABOUT 63 YEARS,
4. SMT. TEJASWINI,
D/O K B MRUTHUNJAYA,
AGED ABOUT 31 YEARS,
2
NO.3 AND 4 ARE R/AT NO.1963,
13TH CROSS, "C" BLOCK,
SHANKARANAGAR,
BENGALURU - 560 092.
5. SRI. NITHYANANDA M,
S/O MR. MAINKYAM C,
AGED ABOUT 35 YEARS,
J C NAGARA, GELEYARA BALAGA,
MAHALASKSHMIPURAM LAYOUT,
BANGALORE NORTH,
BANGALORE - 560 086.
6. SRI. B S NIRANJANA,
S/O LAET SHIVABASAPPA,
AGED ABOUT 51 YEARS,
R/AT NO. 639, 8TH MAIN ROAD,
5TH CROSS, HAMPINAGARA,
2ND STAGE, VIJAYANAGAR,
BENGALURU - 560 004.
7. K M YATHIRAJ KUMAR,
S/O K C MUNIYAPPA,
AGED ABOUT 57 YEARS,
NO.86, 3RD CROSS,
9TH MAIN ROAD,
HAMPINAGARA,
BANGALORE - 560 104.
8. SMT. PALLAVI S,
D/O K SAMPATH KUMAR,
AGED ABOUT 37 YEARS,
NO.627, 2ND G CROSS,
6TH "A" MAIN ROAD,
2ND BLOCK, KALYANANAGAR,
BANGALORE - 560 043.
... RESPONDENTS
(BY SRI. NITHYANANDA K R, ADVOCATE FOR R1;
SRI. T M VENKATAREDDY, ADVOCATE FOR R2;
NOTICE TO R3-R6 ARE D/W V.C.O DATED 16.03.2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R2 TO CONSIDER THE REPRESENTATION GIVEN
BY THE PETITIONER DATED 15.03.2021 I.E., ANNEXURE-N
AND INITIATE THE ACTION U/S 229 OF THE BRUHAT
BANGALORE MAHANAGARA PALIKE ACT, 2020 AND RESTORE
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THE ROAD AND REMOVE THE ABSTRACTIONS MADE IN THE
ROAD AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH PHYSICAL HEARING, THE COURT MADE THE
FOLLOWING:-
ORDER
The short grievance of the petitioner is as to non-
consideration of its representations all dated
15.03.2021copies whereof are respectively at Annexures
M, N & O, wherein it has sought for removal of certain
structures allegedly put up in violation of law. The
removal.
2. Learned AGA appearing for the first
respondent and leaned Panel Counsel appearing for the
second, notice to other private respondents having been
dispensed with, oppose the writ petition contending that
disputed facts are involved in the matter and therefore,
writ remedy cannot be sought for. Having so argued,
learned Panel Counsel now fairly submits that he would
instruct his clients to look into the grievance of the
petitioner in accordance with law and in a time bound
way. This is appreciable.
Placing the above submission of the learned Panel
Counsel on record, this writ petition is disposed off.
Time for compliance is six weeks from the date a
copy of this judgment is handed to the answering
respondent.
It is made clear that private parties and other stake
holders shall be heard in the matter when such
consideration takes place.
All contentions are kept open.
Now, no costs.
Sd/-
JUDGE
Bsv
