Karnataka High Court
Sri. B M Krishnamurthy vs State Of Karnataka on 15 November, 2023
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:40740
WP No. 24910 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.24910 OF 2023 (LB-BMP)
BETWEEN:
SRI. B M KRISHNAMURTHY
AGED ABOUT 60 YEARS,
SON OF SRI. S.R. MUNIYAPPA,
R/A NO. 502, 7TH MAIN ROAD,
HANUMATHANAGAR, BENGALURU-560019
AND NON RESIDENTIAL PREMISES AT
NO. 164, GANDHI BAZAR MAIN ROAD,
BASAVANAGUDI, BENGALURU-560004.
...PETITIONER
(BY SRI. G R MOHAN., ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
VIKASASOUDHA,
BENGALURU-560001
Digitally signed
by BY ITS PRINCIPAL SECRETARY.
NARAYANAPPA
LAKSHMAMMA
Location: HIGH
2. THE CHIEF COMMISSIONER
COURT OF BRUHAT BENGALURU MAHANAGARA PALIKE,
KARNATAKA N.R SQUARE,
BENGLAURU-560001.
3. THE CHIEF ENGINEER (PROJECTS CENTRAL)
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R SQUARE,
BENGLAURU-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER
(PROJECTS CENTRAL)
BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R SUQARE,
-2-
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WP No. 24910 of 2023
BENGLAURU-560001.
...RESPONDENTS
(BY SMT. B.P. RADHA., AGA FOR R1;
SRI. B.L. SANJEEV., ADVOCATE FOR R2-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYNG TO ISSUE A WRIT OF
MANDAMUS OR DIRECTIONS TO THE RESPONDENTS TO DISMANTLE
THE PARTIAL PERMANENT CONSTRUCTION OF PLATFORM / STAGE IN
FRONT OF THE SHOP PREMISES OF THE PETITIONER BEARING NO.
164, GANDHI BAZAR MAIN ROAD, BASAVANAGUDI, BENGALURU -
560004, MEASURING 15 FT X 20 FT AS PER LETTER ADDRESSED TO
THE R2 TO 4 DATED 12/10/2023 ALONG WITH PHOTOGRAPHS AS
PER ANNEXURE -D1 TO D6 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
1. Writ of Mandamus or directions to the respondents to
dismantle the partial permanent construction of
platform/stage in front of the shop premises of the
petitioner bearing No. 164, Gandhi Bazar Main Road,
Basavanagudi, Bengaluru-560004 measuring 15 ft X
20 ft as per letter addressed to the Respondents 2 to
4 dated 12.10.2023 along with photographs as per
Annexure D1 to D6.
2. Pass such other order or orders as this Hon'ble Court
may deem fit in the facts and circumstances of the
case in the interest of justice and equity.
2. The grievance of the petitioner is that respondents is
in the process of design and redevelopment of
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Gandhi Bazaar Road are putting up permanent
construction in front of the property of the petitioner
which would have the effect of impinging on the
ingress and egress to the petitioner's shop.
3. By relying on the judgment passed by Co-ordinate
Bench of this Court in the case of B.R.Gururaj and
another vs. the State of Karnataka and others1,
Sri.G.R.Mohan, learned counsel for the petitioner
would submit that what this Court permitted is only
for providing of a platform for street vendors and no
permanent structure could be put up and the height
of the platform of the street vendors has been
restricted to 150 mm as clarified by this Court in the
case of Sri.L.Gundu Rao vs. State of Karnataka
and others2.
4. By referring to the photographs at Annexure-E4 page
62 and Annexure-E5 page 63 to the Writ Petition, the
1 W.P.No.9002/2023 & c/w matters dated 08.08.2023
W.P.No.20440/2023 dated 13.10.2023
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WP No. 24910 of 2023
learned counsel submits that the height is more than
150 mm and there is a granite slab which has been
affixed therein which is a permanent structure. On
the above grounds, he submits that the relief sought
for are required to be granted.
5. Sri.B.S.Srinivas, learned counsel for Corporation
would submit:
5.1. that the platform in question in the present
matter is not for street vendors but it is a
platform for the purpose of holding small
function in an organized manner so that the
location of such function is fixed and it can be
conducted in a disciplined and organized
manner.
5.2. The height though is slightly higher than 150
mm, it is not as per the photographs produced
by the petitioner at Annexures-E4 and E5
inasmuch as in Annexure-E4, there are 3 rows
of hollow bricks which have been shown
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WP No. 24910 of 2023
whereas what has been used is only one row of
hollow bricks which has been used with a
granite slab to enable the people to sit there.
5.3. His submission is also that apart from the said
platform, there is a footpath of a width of 2.5
mtrs which has been made available for ingress
and egress to the petitioner's shop and the
platform does not in any manner interfere with
such ingress and egress.
5.4. Insofar as the pole put up by the BSNL and
BESCOM, the said authorities are in the process
of shifting the wire underground which would
be completed within three weeks from now. On
the above, he submits that the Writ Petition
requires to be dismissed.
6. Heard Sri.G.R.Mohan, learned counsel for the
petitioner, Smt.B.P.Radha, learned AGA for
respondent No.1 and Sri.B.L.Sanjeev, learned
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counsel for respondents No.2 to 4 and perused the
papers.
7. The only grievance of the petitioner is that ingress
and egress to the petitioner's shop is going to be
blocked by this platform. On perusal of photographs
and on the basis of the submission made by
Sri.B.L.Sanjeev, learned counsel that platform does
not have any other outer covering on the periphery
and nothing is proposed to be built on the said
platform. The purpose of putting up the platform is
for holding small functions which would be to the
benefit of all the shop owners and the street vendors
in the said locality and the same being part of the
design which has been approved cannot be found
fault with by the petitioner. A perusal of the
photographs produced by Sri.B.L.Sanjeev, learned
counsel for respondents No.2 to 4 today along with
the memo dated 15.12.2023 indicates that there is a
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foot path in front of the shop of the petitioner which
apparently measures 2.5 mtrs.
8. That being the case, I am of the considered opinion
that ingress and egress to the shop of the petitioner
is not blocked by such platform which is situated at
further distance of atleast 2 mtrs after the foot path.
9. From the photographs produced, it appears that
many of the shop owners have put up their boards
on the foot path. It would be required for the
Corporation to take necessary action to remove such
boards at the earliest keeping the foot path free for
the pedestrians.
10. In view of the above, finding that there is no ground
made out by the petitioner and ingress and egress to
the petitioner's shop is not blocked, there is no merit
in the above petition.
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11. With the above observations, the Writ Petition stands
disposed.
12. The respondents shall however not put up any
further construction on the platform now shown in
the photographs produced.
Sd/-
JUDGE
PRS
