GEETHA AGGARWAL Vs. COMMISSIONER

JUDGEMENT

(1.) The present review petition has been filed seeking for review of the order passed by this Court on 27/11/2019 whereby this Court had directed that survey department has to take steps to survey the properties as requested under Annexure-R9 and in that view of the matter, parties were directed to be present before the Joint Director of Land Records, City Survey, on 9/12/2019. It was further directed that the survey would be conducted in the presence of the petitioner and respondent No.6 or their representatives. The parties were at liberty to furnish necessary documents / memo of instructions to assist the Joint Director of Land Records, City Survey, to complete the survey as observed.

(2.) Sri. Satish S. Doddamani, learned Senior counsel appearing for the review petitioners submits that W.P.No.4011/2019 was filed seeking the limited relief of issuing writ of mandamus to the respondent - BBMP Authorities to implement the order of 25/6/2019 under Sec. 321(3) of the Karnataka Municipal Corporation Act, 1976 (for short 'the Act'), to remove the illegal construction / building put up in the schedule property and for an appropriate direction to the respondent - Authorities to take action on the complaint lodged by petitioners on 03 07.2019 at Annexure-K filed along with the writ petition.

(3.) It is submitted that the private respondent who has allegedly committed deviation cannot be granted relief in the petitioner's writ petition which in fact has been done while passing the order disposing off writ petition on 27/11/2019. It is further submitted that question of identity which is sought to be made out by the private respondent is a matter that cannot be entered into afresh in light of the survey document at Annexure-B dtd. 15/7/2010 filed along with the review petition. It is submitted that the revenue sketch that is prepared is as per the procedure and rules and that would point out to the identify of properties including that of the petitioners and respondent No.6. It is submitted that a bare perusal of the document at Annexure-B would reveal that the survey authorities have completed such exercise and the question of reopening the said order of the survey authorities at this point of time does not arise.