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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF APRIL, 2022

BEFORE

THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.15776 OF 2021 (LB-BMP)

BETWEEN:
SRI. M. GANESH REDDY,
S/O SRI LATE D MUNISWAMY REDDY,
AGED ABOUT 27 YEARS,
R/O NO.28, GANESHA NILAYA
13TH MAIN, KAGGADASAPURA,
C.V RAMAN NAGAR POST,
BENGALURU – 560 093.
…PETITIONER
(BY SRI. SUMANTH L.BHARADWAJ, ADVOCATE)

AND:

1. THE COMMISSIONER,
B.B.M.P, HUDSON CIRCLE,
BANGALORE – 560 001.

2. THE EXECUTIVE ENGINEER,

C.V. RAMAN NAGAR SUB-DIVISION,
BBMP, BANGALORE – 560 081.

3. THE ASSISTANT EXECUTIVE ENGINEER,

C.V. RAMAN NAGAR SUB-DIVISION,
BBMP, BANGALORE – 560 081.

4. THE ASSISTANT DIRECTOR TOWN

PLANNING (EAST) DIVISION
22N FLOOR, P.U.B BUILDING
M.G. ROAD, MAYO HALL,
BANGALORE – 560 001.

5. SRI. ANJANEYALU VEMULA,

S/O SRI VENKATAIAH,
AGED ABOUT 55 YEARS,
R/ONO.205/3A, BSR NILAYA,
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13TH CORSS, KAGGADASAPURA,

C.V. RAMAN NAGAR POST,
BANGALORE – 560 093.

ALSO R/O NO.7, ALSO AS 29,

KATHA NO. 33/7,
K.R. PURAM HOBLI,
29TH CROSS ROAD,
BALAJI LAYOUT, KAGGADASAPURA,
C.V. RAMAN NAGAR POST,
BANGALORE – 560 093.
…RESPONDENTS
(BY SRI. N.K.RAMESH, ADVOCATE FOR R1-R4;
SRI. B.N.SURESH BABU, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R1 TO 4 TO TAKE APPROPRIATE ACTION IN ACCORDANCE WITH
LAW ON THE REPRESENTATIONS SUBMITTED BY THE
PETITIONER DATED 16.06.2021 AND 09.07.2021,
RESPECTIVELY, ANNEXURES-A AND B RESPECTIVELY.

THIS WRIT PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

The short grievance of the petitioner is as to non

implementation of order passed u/s 248 of the Bruhat

Bengaluru Mahanagara Palike Act, 2020. This Court vide

interim order dated 11.04.2022 had said as under:

“Learned Panel Counsel appearing for the BBMP

submits that he would come out with a plan of
action for demolition of unauthorized structure in
a time bound way. In view of this, call this
matter on 18.04.2022. Failure to come out with
plan of action may result into Commissioner -
BBMP being called since several such complaints
are being seen by this Court day in and day out.
Interim order granted earlier is extended till next
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date of hearing. Memo along with Report filed by

Respondent N1.1 is taken on record.”

2. The respondent-Corporation has come up with

the action plan vide write-up dated 16.04.2022. The last

paragraph of the same reads as under:

“The official Respondents assure this Hon’ble

Court that till the 5th Respondent complies with
the Orders and bring the disputed construction
within the parameters specified in the Sanction
Plan, till then informed to ADTP, BBMP to not to
issue Completion Certificate/Occupancy Certificate
in respect of the Construction in dispute.”

The said write up states that demolition of the three

unauthorized upper floors shall commence from 02.05.2022

and will be completed within four months.

In the above circumstances, nothing survives for

consideration by this Court. However, the write-up shall be

treated as undertaking given to the Court, violation of

which may result in contempt action being taken in respect

of the official concerned, wherein all contentions are kept

open.

Now, no costs.

Sd/-
JUDGE
DS