B.C. SANDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner is before this Court seeking for the following reliefs:

(2.) The Petitioner was appointed as Assistant Engineer in the Bruhat Bengaluru Mahanagara Palike (BBMP) on 7/6/2010. In respect of building situate at No.72, 7th Cross, Jayanagar I Block coming under ward No.153 of Hombegowdanagar which has been constructed in violation of sanction plan, on 17/8/2013 the jurisdictional Assistant Executive Engineer had issued a provisional order under Sub-sec. (1) of Sec. 321 of the Karnataka Municipal Corporation Act 1976 (for short herein after referred to as "KMC Act") to remove the violation of the sanction plan. No reply having been received, on 26/8/2013 a confirmatory order under Sub-sec. (3) of Sec. 321 of the KMC Act was passed directing the owner to remove the deviations failing which action will be taken under Sec. 464 of the KMC Act.

(3.) There were certain transfers, and the Petitioner assumed charge of ward No.153 of Hombegowdanagar on 21/10/2013. The confirmatory order had been placed before the Executive Engineer to take necessary action. The owner of the property had filed an appeal before the Karnataka Appellate Tribunal in Appeal No.1059 of 2013, where an order of status quo was directed to be maintained on 25/11/2013. On account of the interim order, the BBMP could not take any action, the Executive Engineer did not pass any order, and the petitioner-Assistant Executive Engineer could not take any action.