Karnataka High Court
Sri. Mujeeb Ahmed vs The Assistant Executive Engineer on 29 February, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
-1-
NC: 2024:KHC:8423
WP No. 13935 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 13935 OF 2022 (LB-BMP)
BETWEEN:
SRI. MUJEEB AHMED
S/O MOHAMMEDKHASIM SAB,
AGED ABOUT 69 YEARS,
HUKUNDA UYYAMABALLI VILLAGE
KANAKAPURA TALUK
RAMANAGAR 562159,
BY ITS POWER OF ATTORNEY
K VEDHACHALAM,
AGED ABOUT 63 YRS
...PETITIONER
(BY SRI. SARAVANA S.,ADVOCATE)
AND:
Digitally THE ASSISTANT EXECUTIVE ENGINEER
signed by
NARASIMHA BRUHAT BENGALURU
MURTHY
VANAMALA MAHANAGARA PALIKE
Location:
HIGH K G HALLI SUB DIVISION,
COURT OF
KARNATAKA ROBERTSON ROAD,
BENGALURU 560015.
...RESPONDENT
MR. IRFAN BASHA
S/O K.M. ZIAUDDIN
AGED ABOUT 48 YEARS
R/AT NO. 14, 2ND CROSS
SMADANAGAR
-2-
NC: 2024:KHC:8423
WP No. 13935 of 2022
KADUGONDANAHALLI
BENGALURU - 560 045.
... APPLICANT
(BY SRI.K.V. MOHAN KUMAR., ADVOCATE FOR R1;
SMT. SYEDA SHEHNAZ, ADVOCATE FOR
SRI. V. BALAKRISHNA, ADVOCATE FOR PROPOSED R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO-
QUASH THE ENTIRE PROCEEDINGS UNDER SECTION
248 OF BBMP ACT 2020 INITIATED BY THE
RESPONDENT IN NO.AEE/KGH/PO/34/E/2022-23 THE
PROVISIONAL ORDER DATED 16.04.2022 VIDE ANNX-G
AND ALL OTHER CONSEQUENTIAL PROCEEDINGS TO
BE EXERCISED BY THE RESPONDENT AS
COLOURABLE EXERCISE OF POWER.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who asserts ownership of an
immovable property as part of the land in Sy. No.12
of Kavalbyrasandra Village, Kasaba Hobli, Bengaluru
North Taluk [the subject property], is aggrieved by the
Provisional Order dated 16.04.2022 [Annexure-G]
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issued under the provisions of Section 248[1] of the
Bruhat Bengaluru Mahanagara Palike Act, 2020 [for
short, 'BBMP Act'].
2. The petitioner has impugned this order on
multiple grounds such as, that though the subject
property is still in an agricultural land [in Sy. No.12 of
Kavalbyrasandra Village, Bengaluru North Taluk], the
Assistant Executive Engineer, K G Halli Sub-Division
has assumed jurisdiction to issue the Provisional
Order and that the Provisional Order is issued in
favour of a person who cannot claim any interest in
the subject property. The petitioner, to substantiate
his interest in the subject property, has relied upon
the Judgment and decree in the two suits in
O.S.No.3698/1998 and O.S. No.10958/1997.
3. This Court on 25.07.2022 in this writ
petition has restrained the respondent-BBMP from
taking any coercive steps from demolishing the
subject property without passing an order of
NC: 2024:KHC:8423
confirmation, and during the pendency of this
petition, the Assistant Executive Engineer has
proceeded to pass culmination order under Section
248[3] of the BBMP Act but a copy of such order is
not placed on record. The applicant contends that
the petitioner is putting up construction in a portion
of the property that belongs to her and which is part
of the land in Sy. No.13 of Kavalbyrasandra Village,
Bengaluru North Taluk, and she also refers to certain
pending civil proceedings.
4. Sri Saravana S, the learned counsel for
the petitioner, and Smt Syeda Shehnaz, the learned
counsel for the applicant, are heard for final disposal
of the petition in the light of the rival submissions
which are stated in brief as afore and the undisputed
position that the petitioner has commenced
construction in the property without obtaining
necessary sanction and license for building and that
the lands in Sy No. 12 and 13 of of Kavalbyrasandra
NC: 2024:KHC:8423
Village, Bengaluru North Taluk are within the
administrative jurisdiction of the BBMP.
5. The petitioner does not controvert that the
applicant has commenced the suit in O.S. No.
8094/2013 on the file of the City Civil and Sessions
Judge, Bengaluru, against him for declaration of title
asserting that he is staking claim to a portion of land
in Sy. No.13 of Kavalbyarasandra Village, Bengaluru
North Taluk claiming interest in a portion of the land
in Sy. No.12 which is notified for formation of 'Hennur
Bellary Road II Stage'. The petitioner also does not
dispute that he has commenced his suit in O.S.
No.25842/2022 before the Additional City Civil and
Sessions Judge, Mayohall, Bengaluru, against the
Bruhat Bengaluru Mahanagara Palike and the
disposal thereof on 19.08.2023.
6. It is salient from these that there are
serious questions of title which must necessarily be
decided in the pending suit in O.S. No.8094/2013
NC: 2024:KHC:8423
and if there is any decision under the BBMP Act, it
could lead to multiplicity of proceedings. The
petitioner, who does not dispute that the
construction is commenced without obtaining the
sanction and licence from any authority, cannot put
up any further construction or occupy the same in
any manner and the construction that is put up so
far should be subject to the outcome in the suit in
O.S. No.8094/2013. In the light of the afore, the
following:
ORDER
[a] The petition is disposed of directing the
Bruhat Bengaluru Mahanagara Palike to
ensure, without demolishing the
structure, that no further construction is
put up in the subject property and the
construction remains the same as it is
until the final decision in the suit in O.S.
No.8094/2013 on the file of the City Civil
and Sessions Judge, Bengaluru. This
NC: 2024:KHC:8423
direction shall prevail notwithstanding
any confirmation order that could be
passed under Section 248[3] of the BBMP
Act.
[b] The petitioner and the applicant shall
work out their rights to the subject
property in the pending suit in O.S.
No.8094/2013 and the construction shall
be subject to the outcome in such suit.
[c] The office is directed to show the name of
the applicant and the representation on
behalf of the applicant in the cause title of
this order, and the application in I.A.
No.1/2024 for impleadment stands
disposed of by this order.
SD/-
JUDGE
AN/-
