Karnataka High Court
Dr. B. Gurappa Naidu vs The Commissioner on 3 August, 2023
Bench: Chief Justice, M.G.S. Kamal
-1-
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 890 OF 2023 (LB-BMP)
BETWEEN:
1. DR. B. GURAPPA NAIDU
S/O. B. V. NAIDU,
AGED ABOUT 62 YEARS,
R/AT NO. 989/A,
14TH CROSS, 21ST MAIN,
BANASHANKARI II STAGE,
BENGALURU - 560 070.
...APPELLANT
(BY SRI.K.N.PHANINDRA, SENIOR ADVOCATE ALONG WITH
SMT. LATHA S SHETTY, ADVOCATE)
Digitally signed
by AMBIKA H B AND:
Location: HIGH 1. THE COMMISSIONER
COURT OF BRUHAT BANGALORE MAHANAGARA PALIKE,
KARNATAKA N.R. SQUARE,
BENGALURU - 560 001.
2. THE JOINT COMMISSIONER
BENGALURU SOUTH DIVISION,
BRUHAT BANGALORE MAHANAGARA PALIKE,
BBMP COMPLEX,
9TH MAIN ROAD, 2ND BLOCK,
JAYANAGARA,
BENGALURU - 560 011.
3. THE ASSISTANT DIRECTOR
TOWN PLANNING (SOUTH),
BBMP, BBMP COMPLEX,
-2-
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
9TH MAIN ROAD, 2ND BLOCK,
JAYANAGAR,
BENGALURU - 560 011.
4. THE ASSISTANT EXECUTIVE ENGINEER
BRUHAT BANGALORE MAHANAGARA PALIKE,
BANASHANKARI SUB-DIVISION,
YEDIYUR, BENGALURU - 560 028.
5. SRI. K. R. CHOWDARY
S/O. LATE KARJALA GANGI NAIDU,
AGED MAJOR,
R/AT NO. 24/A, 37TH A CROSS,
JAYANAGAR 8 TH BLOCK,
BENGALURU - 560 082.
6. SMT. K. INDIRA CHOWDARY
W/O. K. R. CHOWDARY,
AGED ABOUT MAJOR,
R/AT NO.24/A, 37TH A CROSS,
JAYANAGAR 8 TH BLOCK,
BENGALURU - 560 082.
...RESPONDENTS
(BY SRI D.R.RAVISHANKAR, SENIOR ADVOCATE ALONG WITH
SRI D.N.NARAYAN BABU, ADVOCATE FOR C/R-5 & 6)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND
SET ASIDE THE ORDER DATED 10.07.2023 PASSED BY THE LEARNED
SINGLE JUDGE IN WRIT PETITION No.4335/2023 INSOFAR AS THE
FINDING OF THE COURT IN PARA 7 AND 8 WHICH IS IN A FORM OF
DIRECTING THE TRIAL COURT TO GRANT STAY IF CONTESTING
RESPONDENTS APPROACH THE COMPETENT CIVIL COURT AND IN
PARA 9 INSOFAR AS DIRECTING RESPONDENTS AUTHORITIES NOT TO
PRECIPITATE THE MATTER AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
-3-
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
JUDGMENT
1. The order dated 10.07.2023 passed by the learned Single
Judge in Writ Petition No.4335/2023 is subjected to challenge in
the present writ appeal.
2. Heard Sri K.N.Phanindra, learned Senior Counsel appearing
for the appellant and Sri D.R.Ravishankar, learned Senior Counsel
appearing for respondent Nos.5 and 6.
3. The learned Senior Counsel for the appellant submits that an
interim order passed by the learned Single Judge was subjected to
challenge by filing an appeal in Writ Appeal No.499/2023 and in the
said writ appeal, vide order dated 06.06.2023, this Court permitted
the exercise of inspection of the premises by the Bruhat Bengaluru
Mahanagara Palike (BBMP) in the presence of the Court
Commissioner. It is further submitted by the learned Senior
Counsel for the appellant that the said inspection was carried out
and a report was submitted before the learned Single Judge. The
learned Single Judge, vide order dated 10.07.2023 disposed of the
writ petition. The learned Senior Counsel for the appellant submits
that the appellant has no objection for the Competent Authority to
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
pass confirmation order and the appellant also cannot object if the
party is having a remedy of filing an appeal against the
confirmation order. The grievance of the appellant is restricted only
to paragraph 9, whereby the learned Single Judge directed the
respondents Authorities not to precipitate the matter. The learned
Senior Counsel for the appellant submits that it is the apprehension
of the appellant that under the guise of the order that the
Authorities shall not precipitate the matter, the Authorities may not
take steps as expected under the provisions of law and may find an
excuse to discharge their duties. He submits that the respondents
had raised certain objections to the Court Commissioner's report
placed before the learned Single Judge. It is further submitted that
though the respondents were restrained from carrying out any
construction, by way of an interim order, it is the apprehension of
the appellant that the respondents may carry out further
construction till the confirmation order is passed.
4. The learned Senior Counsel appearing for respondent Nos.5
and 6 submits that the respondents had raised certain objections to
the Commissioner's report. He further submits that the
respondents are also not having any objection for the Competent
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
Authority to pass confirmation order. It is also submitted that the
learned Single Judge made it clear in paragraph 8 of the impugned
order that the confirmation order should be passed within a
stipulated period of two weeks from the date of receipt of copy of
the order.
5. On instructions, the learned Senior Counsel appearing for
respondent Nos.5 and 6 submits that the respondents would not
carry out any structural construction work till the confirmation order
is passed and if the confirmation order is against the respondents,
they would file an appeal against the order along with an
application for interim order.
6. Accepting the statement of the learned Senior Counsel
appearing for respondent Nos.5 and 6 as an undertaking to this
Court, there is no need to pass any further order, except the
following directions:
(i) As the learned Single Judge permitted the Authority to
pass confirmation order within two weeks, we direct
the respondents to appear before the Competent
Authority on Monday (07.08.2023) and submit their
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
response in the nature of reply/response/ statement of
objections, as the case may be;
(ii) As per the order of the learned Single Judge, the
Competent Authority shall pass confirmation order
within two weeks from 07.08.2023;
(iii) If the respondents are aggrieved by the confirmation
order, they may file an appeal before the Appellate
Authority and if the Appellate Authority deems it
necessary to inspect, the exercise of such inspection
shall be carried out in presence of the Secretary of the
District Legal Services Authority attached to City Civil
Court. Needless to state that an intimation providing
all necessary details of the inspection to be carried out,
be supplied to the Secretary of the District Legal
Services Authority, in advance. The inspection report
be submitted with an endorsement/signature of the
Secretary, the District Legal Services Authority.
7. With these observations/directions, the writ appeal is
dismissed.
NC: 2023:KHC:27217-DB
WA No. 890 of 2023
8. In view of dismissal of the writ appeal, pending interlocutory
applications do not survive for consideration and stand disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
