B. GURAPPA NAIDU Vs. COMMISSIONER

JUDGEMENT

(1.) The order dtd. 10/7/2023 passed by the learned Single Judge in Writ Petition No.4335/2023 is subjected to challenge in the present writ appeal.

(2.) Heard Sri K.N.Phanindra, learned Senior Counsel appearing for the appellant and Sri D.R.Ravishankar, learned Senior Counsel appearing for respondent Nos.5 and 6.

(3.) The learned Senior Counsel for the appellant submits that an interim order passed by the learned Single Judge was subjected to challenge by filing an appeal in Writ Appeal No.499/2023 and in the said writ appeal, vide order dtd. 6/6/2023, this Court permitted the exercise of inspection of the premises by the Bruhat Bengaluru Mahanagara Palike (BBMP) in the presence of the Court Commissioner. It is further submitted by the learned Senior Counsel for the appellant that the said inspection was carried out and a report was submitted before the learned Single Judge. The learned Single Judge, vide order dtd. 10/7/2023 disposed of the writ petition. The learned Senior Counsel for the appellant submits that the appellant has no objection for the Competent Authority to pass confirmation order and the appellant also cannot object if the party is having a remedy of filing an appeal against the confirmation order. The grievance of the appellant is restricted only to paragraph 9, whereby the learned Single Judge directed the respondents Authorities not to precipitate the matter. The learned Senior Counsel for the appellant submits that it is the apprehension of the appellant that under the guise of the order that the Authorities shall not precipitate the matter, the Authorities may not take steps as expected under the provisions of law and may find an excuse to discharge their duties. He submits that the respondents had raised certain objections to the Court Commissioner's report placed before the learned Single Judge. It is further submitted that though the respondents were restrained from carrying out any construction, by way of an interim order, it is the apprehension of the appellant that the respondents may carry out further construction till the confirmation order is passed.