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2009 DIGILAW 945 (KAR)

D. N. Prahlad v. Commissioner Bruhat Bengaluru Mahanagara Palike, Bangalore

2009-12-02

H.N.NAGAMOHAN DAS

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JUDGMENT : In these writ petitions the petitioners have prayed for a writ of mandamus directing respondents 1 to 3 to take action against respondent 2 so as to ensure that they should use premises No.2, Setlur Street, Langford Town, Shanthinagar, Bangalore-560 025 for the purpose to put up construction as contemplated under Zonal Regulations. 2. Petitioners gave a complaint on 22-10-2009 as per Annexure-D to respondent 1 to 3 to take action against the respondent for violation of Zonal Regulation inconvenience caused to the petitioners and other residents, Sri B.V. Muralidhar, learned Counsel for respondents 1 to 3 submits that they have passed a provisional order under Section 321 (1) and (2) of the Karnataka Municipal Corporations Act, 1976 on 12-08-2009. The owner of the premises in question has now filed a civil suit against respondents 1 to 3 in O.S. No. 26740 of 2009 on the file of City Civil Court at Bangalore. In this suit, the City Civil Court has granted an interim order against respondents 1 to 3. Thus, the hands of respondents 1 to 3 are tied by this interim order in O.S. No. 26740 of 2009 form taking further action in the matter. 3. It is further brought to my notice that respondent 6 herein also filed a civil suit in O.S. No. 26990 of 2009 against respondents 1 to 3, and again in this suit there is an interim order against respondents 1 to 3. In the circumstances, learned Counsel for respondents 1 to 3 submits that they are prevented from taking further action in the matter in view of the interim orders granted by the Civil Court. 4. Learned Counsel for respondents 1 to 3 submits that they are taking steps for vacating the interim orders in the two suits referred to above. If that is so, respondents 1 to 3 shall make every earnest effort to appraise the Civil Court of the real fact situation. Respondents 1 to 3 to take further steps in the matter after necessary orders are passed by the Civil Court in O.S. Nos. 26740 and 26990 of 2009. 5. Learned Counsel for the petitioners submit that respondents 4 and 5 are not parties before the Civil Court in O.S. Nos. Respondents 1 to 3 to take further steps in the matter after necessary orders are passed by the Civil Court in O.S. Nos. 26740 and 26990 of 2009. 5. Learned Counsel for the petitioners submit that respondents 4 and 5 are not parties before the Civil Court in O.S. Nos. 26740 and 26990 of 2009 and therefore there is no impediment for them to consider the petitioner’s representation dated 22-10-2009 as per Annexure- E. Learned Counsel for respondent 6 submits that respondents 4 and 5 have granted an authorization to respondent 6 to carry on the Dialysis Center in the premises in question. Respondents 4 and 5 to consider the petitioner’s representation dated 22-10-2009 as per Annexure –E after providing an opportunity to the petitioners and respondent 6 in accordance with law. With the above observation, the writ petitions are hereby disposed of.