C. SHAMANNA S/O LATE K. CHANNAIAH Vs. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE (BBMP), ASSISTANT EXECUTIVE ENGINEER (BBMP), BRUHATH BANGALORE MAHANAGARA PALIKE (BBMP), SRI K.N. YGANARASIMHA S/O SRI K. NARAYANA IYENGAR AND SRI K.R.S.

JUDGEMENT

(1.) SRI . T. Jayaprakash, learned standing Counsel for the respondents No. 1 and 2 to accept notice for the said respondents and file his vakalath within a period of four weeks from today. Notice to the respondents No. 3 and 4 is unnecessary at this stage considering the nature of disposal of this petition.

(2.) THE grievance of the petitioner is that the respondents No. 3 and 4 are putting up certain construction on the building bearing property No. 68/1, 5th Main Road, 9th Cross, Ramachandra Agrahara, Chamarajapet, Bangalore -18. It is his grievance that such construction is being put up without the approved plan and contrary to the Building Bye -laws of B.B.M.P. The petitioner is said to have filed appropriate representations as at Annexures -'C' and 'C1' bringing this conduct of the respondents No. 3 and 4 to the notice of the respondents No. 1 and 2. The petitioner states that despite the same, the respondent Nos. 1 and 2 have not taken any action in this regard and therefore he is constrained to approach this Court.

(3.) IN the light of the above, the only direction to be issued in this petition is to direct the respondents No. 1 and 2 to take note of the grievance put forth by the petitioner vide his complaint as at Annexures C and C1 to this petition and take appropriate action in accordance with law and thereafter intimate the petitioner with regard to the same. In order to hasten the process, the petitioner is permitted to file one more copy of the representations along with the certified copy of this order with the second respondent within 15 days from the date of receipt of a certified copy of this order. The second respondent on receipt of the same shall initiate action in accordance with law strictly adhering to the principles of natural justice and thereafter intimate the result of such action to the petitioner. If is needless to mention that if the respondents No. 3 and 4 satisfy the second respondent that the construction being put up is with due approval and as per the sanctioned plan, the second respondent shall intimate this fact also to the petitioner within the said time frame.