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2019 DIGILAW 928 (KAR)

Ramesh Babu K. S/o Late M. Krishna v. Kumari Sowmya, D/o S. G. Narayana Reddy

2019-04-23

S.SUNIL DUTT YADAV

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ORDER : 1. Both the batches of writ petitions are taken up for consideration together, as the issues raised relate to neighbouring properties. 2. In W.P.Nos.5208652087/2018, the petitioner claims to be the owner of the property bearing No.H.A.S.B.746, Municipal No.18/C, situate at Muniyallappa Garden, Kodihalli, Bengaluru and has contended that the respondent Nos.1 and 2, who are owners of the property adjacent to that of the petitioner have put up construction and have violated the sanction plan and Bangalore Mahanagara Palike Building Byelaws while putting up the construction. 3. It is also contended that the petitioner seeking for appropriate relief as regards the alleged encroachment has filed O.S.No.4574/2018, the said suit that is pending before the City Civil Court, Bengaluru. The petitioner states that he had made representations to the respondent Nos.3 and 4, but no action has been taken by the respondent–B.B.M.P. Hence, the petitioner has sought for issuance of an appropriate writ of mandamus directing the respondent – B.B.M.P. to take action after taking note of the representation at AnnexureA dated 05.08.2018. 4. The respondent Nos.1 and 2 have also filed W.P.No.9623/2019 & W.P.Nos.1118911190/2019. The said respondents claim to be the owners of the property bearing H.A.S.B. Katha No.747, New No.18 situated at Muniyellappa Garden, Kodihalli Village, Bengaluru. The respondent Nos.1 and 2 state that they had obtained licence and sanction plan and have put up construction in terms of the sanction plan. The said respondents state that the petitioner has been interfering with the ingress and egress and use of public road situated in the Eastern side of the property belonging to the respondent Nos.1 and 2. The said respondents in the writ petition filed by them had sought for issuance of a writ of mandamus directing the respondent – B.B.M.P. to take action against the petitioner after taking note of the violations pointed out at AnnexureQ. 5. The learned counsel appearing for the respondent – B.B.M.P. has put in appearance in both the matters and filed statement of objections in W.P.Nos.5208652087/2018. The respondent–B.B.M.P. states that necessary action would be taken pursuant to the representation made by the petitioner as regards the alleged violation of sanction plan and Bangalore Mahanagara Palike Building Byelaws as regards the construction being put up by the respondent Nos.1 and 2. The respondent–B.B.M.P. states that necessary action would be taken pursuant to the representation made by the petitioner as regards the alleged violation of sanction plan and Bangalore Mahanagara Palike Building Byelaws as regards the construction being put up by the respondent Nos.1 and 2. Further, it is stated that similar action would be taken after considering the representation of respondent Nos.1 and 2 at AnnexureQ as regards the construction put up by the petitioner. 6. It is however contended by learned counsel appearing for respondent Nos.1 and 2 that insofar as the subjectmatter of dispute pending in O.S.No.4574/2018, the same is to be taken note of as regards the allegation of encroachment and the respondent – B.B.M.P. must proceed after taking note of the pending proceedings before the Civil Court. 7. In light of the stand taken by respondent – B.B.M.P., the respondent – B.B.M.P. is directed to carry out spot inspection in the presence of parties. The parties to furnish necessary records including the sanction plan and such other material as may be required for the purpose of considering representations made by the petitioner as well as by the respondent Nos.1 and 2. After obtaining necessary information and pursuant to the findings of spot inspection, the respondent – B.B.M.P. is at liberty to take appropriate action as per law. It is however made clear that the B.B.M.P. to take note of the pending proceedings in O.S.No.4574/2018 and not to record any finding as regards the matters in issue in the original suit. 8. The petitioner and respondent Nos.1 and 2 are to be present before the Commissioner, B.B.M.P. on 15.06.2019 at 3.00 p.m. for the purpose of the spot inspection to be carried out as observed. 9. It is made clear that the respondent– B.B.M.P. is at liberty to take action without waiting for conclusion of civil proceedings insofar as violations regarding sanctioned plan and Bangalore Mahanagara Palike Building Byelaws are noticed. 10. No order is required to be passed on I.A.No.1/2019, as the petitions itself are disposed of. Subject to the above observations, the petitions are disposed of.