LAWS(KAR)-2019-1-410

M. ANANDA Vs. BRUHAT BENGALURU MAHANAGARA PALIKE

Decided On January 23, 2019
M. Ananda Appellant
V/S
Bruhat Bengaluru Mahanagara Palike Respondents

JUDGEMENT

(1.) Learned counsel, Sri. S.N. Prashanth Chandra accepts notice for respondent Nos.1 and 2.

(2.) The petitioner has challenged the order passed under Section 321(3) of the Karnataka Municipal Corporations Act, 1976 (for short, 'the Act') dated 17.01.2019, whereby an order confirming the provisional order has been passed and the petitioner has been directed to remove the illegal constructions carried out contrary to the bye-laws passed under the Act and file necessary compliance report with the authority. The primary contention of the petitioner is that the notice of the provisional order was issued to the petitioner on 10.01.2019, but was served on him only on 14.01.2019 as evidenced from the tracking report produced at Annexure - E1.

(3.) The petitioner states that notice provided a period of seven days to the petitioner to show-cause as to why the provisional order need not be confirmed.