Sri. Anjanappa vs The Commissioner
2023 Latest Caselaw 9025 Kant

Karnataka High Court

Sri. Anjanappa vs The Commissioner on 1 December, 2023

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                           NC: 2023:KHC:43443
                                                         WP No. 47001 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                            BEFORE
                          THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

                          WRIT PETITION NO. 47001 OF 2017 (LB-BMP)

                   BETWEEN:

                   1.      SRI. ANJANAPPA,
                           SINCE DEAD BY LRS,

                   1(A). SRI. A. RAMACHANDRA,
                         S/O LATE ANJANAPPA C,
                         AGED ABOUT 54 YEARS,

                   1(B). SRI. SRINIVAS A,
                         S/O LATE ANJANAPPA C,
                         AGED ABOUT 32 YEARS,

                           BOTH ARE RESIDING AT
                           NO.29, 5TH MAIN, TATA SILK FARM,
Digitally signed           THYAGARAJANAGAR, BANGALORE - 560 028.
by
NARAYANAPPA                                                  ...PETITIONERS
LAKSHMAMMA
Location: HIGH     (BY SRI. RAMESHCHANDRA, ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                   1.    THE COMMISSIONER,
                         BRUHATH BANGALORE MAHANAGARA PALIKE,
                         BANGALORE - 560 002.

                   2.    ASSISTANT EXECUTIVE ENGINEER,
                         WARD NO.154, C.T.BED,
                         BASAVANAGUDI SUB-DIVISION-1,
                                     -2-
                                                    NC: 2023:KHC:43443
                                                WP No. 47001 of 2017




     BANGALORE SOUTH, OPP. S.S.M. SCHOOL,
     B.B.M.P, BANGALORE - 560 028.
                                        ...RESPONDENTS
(BY SRI. N.R. JAGADEESWARA, ADVOCATE FOR R1 AND R2)

        THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ANNEXURE-A PROCEEDINGS/ORDER DATED 24.4.2009, THE R-
2 PASSED UNDER SECTION 321[3] OF THE KARNATAKA
MUNICIPAL CORPORATION ACT AND CONSEQUENTLY QUASH
ANNEXURE-A1         ORDER      DT:26.9.2017      PASSED      IN      APPEAL
NO.61/2013 BY THE KARNATAKA APPELLATE TRIBUNAL AND
ETC.,

        THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

1. The petitioners are before this Court seeking for the

following reliefs:

"(a) To issue a writ of certiorari/mandamus or any other appropriate writ, order or direction;

(b) quash the Annexure-A proceedings/order dated 24.04.2009, the 2nd respondent passed in ¸ÀASÉå/¸À/PÁ/¤/C/(§UÀÄ)¹.N.16/09-10 under section 321(3) of the Karnataka Municipal Corporation Act and consequently quash Annexure-A1, order dated 26.09.2017 passed in Appeal No.61 of 2013 by the Karnataka Appellate Tribunal.

NC: 2023:KHC:43443

(c) Award court costs and such other reliefs as the Hon'ble Court deems fit to grant in the interest of justice."

2. The building in question is one which was constructed

prior to 2013. Even if there are any violations, the

petitioners would be entitled for the benefit of the

Akrama-Sakrama scheme, depending on the decision of

the Hon'ble Apex Court.

3. In that view of the matter, the present writ petition was

adjourned sine dine. Liberty is reserved to the petitioners

and respondent to move the matter after the judgment of

the Hon'ble Apex Court.

4. Needless to say until then, the Corporation is directed not

to take any coercive steps against the petitioners.

Sd/-

JUDGE

rv CT: BHK