LAWS(KAR)-2022-11-513

ANAND KUMAR Vs. TUSHAR GIRINATH

Decided On November 07, 2022
ANAND KUMAR Appellant
V/S
Tushar Girinath Respondents

JUDGEMENT

(1.) Vide order dtd. 20/10/2022, time was granted to the learned counsel appearing for the respondent- accused to submit compliance report.

(2.) It may not be out of place to state that grievance of the complainant is of non-compliance of the order of this Court dtd. 22/3/2022. Vide this order passed by the learned Single Judge, respondents No.1 and 2 were directed to consider the representation of the petitioner in accordance with law and to inform the result of consideration within an outer limit of six weeks.

(3.) A perusal of the compliance affidavit filed on behalf of the respondents, Sri Jayashankar B.S. s/o. Srikantappa Aradhya, Executive Engineer, Malleshwaram Division, BBMP, Bengaluru, show that pursuant to the order of this Court, the respondent forwarded the communication to the complainant as well as respondents 3 and 4 in the writ petition, on 25/5/2022 at 3.30 p.m. along with the relevant documents for consideration of the representation. On the scheduled date and scheduled time, the complainant remained present before the Authority. However, respondents 3 and 4 failed to remain present before the Authority. The complainant submitted before the Authority that he is owner of the subject property. As such, the Authority requested the complainant to produce necessary documents. The complainant was also requested to sign in the mahazar. The complainant neither submitted any document to the Authority nor signed the mahazar. The copy of the minutes of the meeting recorded by the Authority is also placed on record. The Authority again forwarded communications to the complainant for producing the documents and in spite of such two communications, the complainant failed to submit any document before the Authority. Ultimately, the Authority passed a detailed order and communicated the order to the complainant.