DAYAKAR D. C. Vs. BBMP

JUDGEMENT

(1.) The prayer in this writ petition is to issue a writ of mandamus directing respondents No.1 to 4-Officers of the Bruhat Bengaluru Mahanagara Palike to take action against respondents No.5 to 8 and proceed to demolish the illegal construction put up by respondents No.5 to 8 in the neighboring property belonging to the petitioners.

(2.) Learned Counsel for the contesting respondents submits that the contesting respondents have preferred an appeal in Appeal No.189/2022 before the Chief Commissioner, who is also the appellate authority in respect of an order of confirmation passed by the competent authority under Sec. 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020. Learned Counsel submits that the appellate authority has directed in its interim order dtd. 29/4/2023 that status quo shall be maintained. Even otherwise, it is submitted that before the appeal could be considered by the appellate authority, it is not permissible for the petitioners to seek demolition of the building.

(3.) There is substance in the submissions of the learned Counsel for the contesting respondents. Since the appeal filed by the respondents is pending consideration before the Chief Commissioner, the petitioners have to await the results of the appeal. If the appeal is dismissed, the Chief Officer himself would direct the Assistant Executive Engineer or the competent authority to proceed to implement the confirmation order.