ANIL KUMAR SRINIVAS Vs. MANGILAL KUMAWAT PATEL

JUDGEMENT

(1.) By way of present contempt petition, a grievance was raised that there is breach of interim order dtd. 18/8/2022, passed in W.P.No.16295/2022, by the learned Single Judge of this court.

(2.) Perusal of the order show that emergent notice was issued to respondents No.4 and 5 before the learned Single Judge. Learned counsel for respondents No.1 to 3, was present before this court and by the said order, respondents No.4 and 5 were restrained from putting up construction over the subject property in violation of the sanctioned plan. It was submitted by the learned counsel that inspite of the restrainment order, respondents No.4 and 5 continued with the activity of construction. In support of the submissions, certain photographs are placed on record.

(3.) In response to the notice, respondents No.4 and 5 filed their statement of objections. There are counter submissions made in the statement of objections, namely, the petitioner/complainant is permitting his property which is a residential property, for a commercial activity. The constructions carried out by respondents No.4 and 5 was as per the sanctioned plan and was subjected to timely inspection of the authorities, namely, jurisdictional officers of the respondent-BBMP. At no point of time, any violation or deviation from the sanctioned plan is recorded by the competent authority insofar as construction of respondents No.4 and 5 is concerned. Apart from this, the statement of objections is also filed on behalf of respondents No.1 and 2. It is submitted before this court that the petition subsequently proceeded post the interim order and vide order dtd. 20/10/2022, the petition itself is disposed of. Final order in the petition also refers to the interim order. Considering the interim order and the submissions, the learned Single Judge was of the view that the matter needs to be relegated to Appellate Authority for adjudication in the appeal to be filed under the BBMP Act. The learned Single Judge was also pleased to observe that the contentions raised by the parties are kept open. The Appellate Authority was also directed to dispose of the appeal within a stipulated period.