R. Chittibabu vs The State Of Karnataka
2024 Latest Caselaw 25077 Kant

Karnataka High Court

R. Chittibabu vs The State Of Karnataka on 21 October, 2024

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                                                NC: 2024:KHC:43466-DB
                                                WP No. 23005 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 21ST DAY OF OCTOBER, 2024

                                    PRESENT

                   THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

                                       AND

                      THE HON'BLE MR JUSTICE K. V. ARAVIND


                   WRIT PETITION NO. 23005 OF 2024 (LB-BMP) PIL

            BETWEEN:
            1.   R. CHITTIBABU
                 S/O LATE C. RAMASWAMY NAIDU
                 AGED ABOUT 59 YEARS
                 No.404, NAIDU LAY OUT
                 SHANTIPURA VILLAGE
                 HUSKURU POST
                 ANEKAL TALUK - 560 099
                 BANGALORE RURAL DISTRICT
                                                       ...PETITIONER
            (BY SRI. A. LOURDU MARIYAPPA, ADVOCATE)
Digitally
signed by    AND:
AMBIKA H B
             1. THE STATE OF KARNATAKA
Location:       REPRESENTED BY ITS SECRETARY
High Court      DEPARTMENT OF URBAN DEVELOPMNET
of Karnataka    VIKAS SOUDHA
                 DR.AMBEDKAR VEEDHI
                 BANGALORE - 560 001

            2.   BRUHAT BENGALURU MAHANAGARA PALIKE
                 N.R.SQUARE, CORPORATION CIRCLE
                 BENGALURU - 560 002
                 REPRESENTED BY ITS COMMISSIONER
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                                       WP No. 23005 of 2024




3.   JOINT COMMISSIONER
     BBMP, BOMMANAHLLI ZONE OFFICE
     BEGUR MAIN ROAD
     BOMMANAHLLI
     BENGALURU - 560 068

4.   ASSISITNAT EXECUTIVE ENGINEER
     BBMP, 9TH MAIN
     14TH CROSS ROAD
     SECTOR-6, HSR LAYOUT
     BENGALUR - 560 102

5.   SMT. KAVITHA S. KUMAR
     W/O SANTHOSHKUMAR
     AGED ABOUT 55 YEARS
     No.773, 22-A-CROSS
     17TH MAIN, H.S.R LAYOUT
     SECTOR-3, WARD.NO-174
     BANGALORE - 560 102
                                     ...RESPONDENTS
(SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT
 ADVOCATE FOR RESPONDENT No.1)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 PRAYING TO ISSUE A WRIT OR ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER
WRIT DIRECTING HE RESPONDENT NOS.1 TO 5, TO
CONSIDER     THE   REPRESENTATION        DATED    27/06/2023
PRODUCED AT ANNEXURES-A AND F, RESPECTIVELY TO
THE PRESENT WRIT PETITION, IN ACCORDANCE WITH KMC-
ACT-1976, EXPEDITIOUSLY AND ETC.

      THIS   PETITION,   COMING   ON    FOR    PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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                                             WP No. 23005 of 2024




CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND

                         ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. A. Lourdu Mariyappa for the

petitioner and learned Additional Government Advocate

Smt. Niloufer Akbar for respondent No.1.

2. The present petition is filed styling it as public interest

petition.

3. The petitioner claiming to be a public spirited person, seeks

to call in question the alleged illegal act on part of respondent No.5.

Respondent No.5 is stated to have constructed commercial

building in violation of the provisions of Section 321 of the

Karnataka Municipal Corporation Act, 1976 (for short, 'Corporation

Act'). The construction put up is at No.773, 22A Cross, 17th Main,

Section-3, Opposite Amrita Sweet Stall, Club Road, HSR Layout,

Ward No.174, Bengaluru.

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3.1 Alleging violation of the provisions of the Corporation Act, it is

stated by the petitioner in respect of the construction so put up, the

petitioner has complained to respondent No.2 on 27.06.2023 and

has sent further reminder on 25.04.2024. However, no action has

been taken by the authorities against the said respondent.

3.2 The prayer in the writ petition is to direct respondent Nos.1 to

4 to consider the representation dated 27.06.2023 in accordance

with the provisions of law. It is also prayed to direct the

respondents to demolish the illegal construction put up by

respondent No.5.

4. The petitioner has made vague allegations. It is for the

respondent-Bruhat Bengaluru Mahanagara Palike (BBMP) and its

authorities to verify facts about the breach of provisions of the

Corporation Act and alleged illegal nature of construction. In the

facts of the case, no case is made out for granting any relief by

invoking public interest jurisdiction of the Court.

5. The petition is meritless.

6. It is observed however that since the representation of the

petitioner has remained pending and undecided, the petitioner may

NC: 2024:KHC:43466-DB

pursue the same to the competent authorities-respondents and

they shall decide the same in accordance with law expeditiously

and preferably within six weeks.

7. The petition is not entertained and dismissed subject to the

above limited observations.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

AHB