Karnataka High Court
K R Chowdary vs Dr B Gurappa Naidu on 6 June, 2023
Bench: Chief Justice, M.G.S. Kamal
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WA No. 499 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 499 OF 2023 (LB-BMP)
BETWEEN:
1. K R CHOWDARY
S/O LATE KARJALA
GANGI NAIDU
RESIDING AT NO.24/A
37TH A CROSS
JAYANAGARA 8TH BLOCK
BANGALORE-560082
2. SMT. K INDIRA CHOWDARY
W/O K R CHOWDARY
RESIDING AT NO.24/A
37TH A CROSS
JAYANAGARA 8TH BLOCK
Digitally signed by BANGALORE-560082
VASANTHAKUMARY ...APPELLANTS
BK
Location: HIGH
COURT OF (BY SRI D R RAVISHANKAR, SENIOR ADVOCATE FOR
KARNATAKA SRI TEJASVI L S, ADVOCATE)
AND:
1. DR. B GURAPPA NAIDU
S/O B V NAIDU
AGED ABOUT 62 YEARS
RESIDING AT NO.989/A
14TH CROSS, 21ST MAIN
BANASHANKARI II STAGE
BANGALORE-560070
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WA No. 499 of 2023
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
N R SQUARE, BANGALORE-560001
3. THE JOINT COMMISSIONER
BENGALURU SOUTH DIVISION
BRUHAT BANGALORE MAHANAGARA PALIKE
BBMP COMPLEX, 9TH MAIN ROAD
2ND BLOCK, JAYANAGARA
BANGALORE-560001
4. THE ASSISTANT DIRECTOR
TOWN PLANNING (SOUTH), BBMP
BBMP COMPLEX, 9TH MAIN ROAD
2ND BLOCK, JAYANAGARA
BANGALORE-560001
5. THE ASSISTANT EXECUTIVE ENGINEER
BRUHAT BANGALORE MAHANAGARA PALIKE
BANASHANKARI SUB-DIVISION
YEDIYUR, BENGALURU-560028
...RESPONDENTS
(BY SRI K N PHANINDRA, SENIOR ADVOCATE FOR
SMT. LATHA S SHETTY, ADVOCATE FOR C/R-1;
SRI PRADEEP PATIL, ADVOCATE FOR
SRI K B MONESH KUMAR, ADVOCATE FOR R-2 TO 5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM
ORDER DATED 18.04.2023 IN W.P.NO.4335/2023 PASSED BY
THE LEARNED SINGLE JUDGE RESTRAINING THE APPELLANTS
FROM FURTHER CONSTRUCTION INCLUDING FINISHING WORK
OF THE RESIDENTIAL PROPERTY AND ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
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WA No. 499 of 2023
JUDGMENT
1. As the writ appeal is preferred against an interim order
dated 18.04.2023 passed by the learned Single Judge and as
admittedly, all the parties are represented by their respective
learned counsel, we deem it appropriate to permit the parties
to raise their respective contentions in the writ petition before
the learned Single Judge.
2. At this stage, the learned Senior Counsel appearing for
the appellants invited our attention to clause (4) of the
impugned order dated 18.04.2023 whereby, the learned Single
Judge has directed the Authorities of the Bruhat Bengaluru
Mahanagara Palike (BBMP) to carry out inspection of the
premises and measurement of the property in question. He
submits that the appellants are not raising any objection for the
same, but their objection is with regard to further part of the
direction that inspection shall be carried out in presence of
respondent No.1 (petitioner in the writ petition) or his
representative. He submits that grant of such permission to
respondent No.1 would expand the scope of the interim
direction and it will affect the privacy of the appellants. He
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WA No. 499 of 2023
further submits that respondent No.1 shall not be permitted to
participate in the exercise of inspection to be carried out by the
BBMP, instead, the inspection may be carried out in presence of
a third party such as, a Court Commissioner.
3. Admittedly, there were certain options before the writ
Court and the learned Single Judge thought it fit to direct the
BBMP to carry out a fresh inspection of the premises. In our
opinion, the submission made by the learned Senior Counsel
appearing for the appellants is a fair submission and if a
direction is issued to the BBMP to carry out inspection of the
premises in presence of a Court Commissioner, it would not
cause any prejudice to the contesting parties.
4. It is submitted that as the present writ appeal is filed, the
exercise of inspection of the premises has not been carried out
till date. As such, we direct the BBMP to undertake the
exercise of carrying out inspection of the premises and
measurement of the property in question in presence of Sri
Santosh S. Gogi, the learned counsel who is now appointed as
Court Commissioner by this Court, on 17.06.2023 at 11.00
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WA No. 499 of 2023
a.m. It is further directed that the inspection report shall be
submitted before the learned Single Judge.
5. Though Sri D.R.Ravishankar, the learned Senior Counsel
appearing for the appellants submits that as the Authorities of
the BBMP are well conversant with such an exercise, we direct
that the exercise of survey and measurement shall be
photographed, videographed and appropriate scientific
methodology shall be utilised for carrying out the survey as
observed by the learned Single Judge in clause (6) of the
impugned order. We request the learned Single Judge to hear
the parties and decide the writ petition as expeditiously as
possible.
6. Registry is directed to list the writ petition before the
learned Single Judge on 22.06.2023.
7. It is made clear that we have not made any observations
on the merits of the case and all contentions are kept open for
consideration of the learned Single Judge.
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WA No. 499 of 2023
8. With the above observations, the writ appeal is disposed
of.
9. In view of disposal of the writ appeal, the pending
interlocutory application does not survive for consideration and
is accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
BKV
