J.P. NAGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed seeking a writ of mandamus to respondent Nos.1 to 5 to consider the complaint dated 21.05.2019 of the petitioner as per Annexure-D in the light of the letter dated 25.05.2019 by the Assistant Director Town Planning (South), BBMP.

(2.) Pending writ petition before this Court, the respondent-Bruhath Bengaluru Mahanagara Palike(BBMP) issued a provisional order under Sec. 321(1) of the Karnataka Municipal Corporation Act, 1976 (for short, 'KMC Act'). It is also stated at the Bar that subsequent to the issue of provisional order under Sec. 321(1), confirmation order came to be passed under Sec. 321(3) of the KMC Act. This order was questioned by respondent No.7 in Appeal No.366/2020 before the Karnataka Appellate Tribunal (KAT). The KAT, on appreciation of the material placed on record, has set aside the confirmation order passed by the respondent-BBMP under Sec. 321(3) of the KMC Act and the matter is remitted back for fresh consideration.

(3.) Since, confirmation order is set aside, we are of the view that the present writ petition may not survive for consideration. It is stated by learned counsel for the petitioner that though the KAT remanded the matter on 30.09.2020, for the last 14 months, the respondent-BBMP has not passed fresh order.