Writ Petition No. 21816-21817 of 2011 · Karnataka High Court

THE HON’BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS.21816-21817 OF 2011 (LB-BMP) BETWEEN:

AND:

2. T MANJUNATH S/O LATE M THIMMAPPA AGED ABOUT 39 YEARS SMT. M SUSHMA, W/O T MANJUNATH AGED ABOUT 33 YEARS PETITIONER NOS.1 TO 2 ARE R/O NO.89/1, 8TH CROSS SHARADAMBA NAGAR JALAHALLI VILLAGE BANGALORE – 13. ...PETITIONERS (BY SRI: G S SRIKANTESWARAN, ADVOCATE) THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE. THE ASSISTANT EXECUTIVE ENGINEER RAJARAJESWARINAGAR CITY RANGE NAGARBHAVI BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE – 560 098. 2

SRI. T PRAKASH GOWDA S/O LATE M THIMMAPPA AGED ABOUT 51 YEARS R/A NO.89, 8TH CROSS SHARADAMBANAGARA, JALAHALLY BANGALORE – 560 003. ...RESPONDENTS (BY SRI: I G GACHCHINAMATH, ADVOCATE FOR RESPONDENT NOS.1 AND 2, SRI: SOMANAGOWDA PATIL, ADVOCATE FOR M/S: SRIVARU LAW FIRM, ADVOCATES FOR RESPONDENT NO.3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO TAKE ACTION PURSUANT TO THE ORDER PASSED UNDER SECTION 462 OF THE KARNATAKA MUNICIPAL CORPORATION ACT, 1976, VIDE ANNEXURE-E BY FIXING THE TIME. THESE WRIT PETITIONS COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R Even according to the petitioners, Appeal No.740/2010 filed by the third respondent is pending before the Karnataka Appellate Tribunal, calling in question the order passed under Sections 321 and 462 of the Karnataka 3 Municipal Corporation Act, 1976, and therefore, the relief to issue a direction to respondent Nos.1 and 2 to take action pursuant to the said orders is impermissible. The petition stands rejected. Sd/- JUDGE KM