SHIVAKUMAR T. Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court under Articles 226 and 227 of the Constitution of India, praying for a direction to respondent Nos.1 to 3 to consider the representations dtd. 18/6/2016 at Annexures-B and C respectively and to take action prohibiting respondent Nos.4 and 5 from making illegal construction over the schedule property and for consequential reliefs.

(2.) Heard Sri. Y.Nagaraj, learned counsel for Sri. C.Shankar Reddy, learned counsel for the petitioner and Sri. M.A.Subramani, learned counsel for respondent Nos.1 to 3 as well as Sri. Satheesh.N., learned counsel for Sri. Raghavendra.K, learned counsel for respondent Nos.4 and 5. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that on the complaint of the petitioner, respondent Nos.1 to 3-Authorities initiated action under Sec. 321 of the Karnataka Municipal Corporation Act, 1976 (for short '1976 Act') against respondent Nos.4 and 5 for construction contrary to the sanction plan and Building Bye-Laws. Respondent Nos.1 to 3 passed confirmation order dtd. 8/1/2014 under Sec. 321(3) of 1976, Act. The said confirmation order was the subject matter of appeal in Appeal No.124/2014 before the Karnataka Appellate Tribunal, Bengaluru. The Appellate Tribunal by order dtd. 30/1/2016 set aside the confirmation order and remitted the matter to respondent No.3 for fresh consideration; and after spot inspection and measuring of the property, to pass appropriate order. It is the grievance of the petitioner that even to this date, respondent Nos.1 to 3 failed to take action in pursuance to the remand order at Annexure-A dtd. 30/1/2016.