High CourtsDIVISION BENCH(2017) 07 KAR CK 0088

SRI.RAMAIAH S/O.KAPANAIAH, & ANR. vs THE COMMISSIONER BBMP, & ORS.

Karnataka High Court · Decided on 19 July 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P S Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
4598-4599 of 2017 (LB-UC)

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Judgment

7 paragraphs · 204 words
1.

These appeals are filed against the judgment and order dated June 27, 2017 passed by the Hon''ble Single Judge in Writ Petition Nos.52452-52453 of 2015.

2.

In a layout, the private respondent No.4 purchased Site No.37. It is claimed by the appellants- writ petitioners that Site No.37 is a part of the road and, therefore, there could not be any construction on the said site. At present, the site is vacant.

3.

Mr.T.Seshagiri Rao, learned advocate appearing for the private respondent No.4 submits, on instructions, that the private respondent No.4 shall not raise any construction without the sanctioned building plan by the local authorities.

4.

We are at one with the Hon''ble Single Judge that it is not possible for the writ Court to declare whether a particular site is a part of the road or not. Therefore, the Hon''ble Single Judge was right in directing the writ petitioners to approach the Civil Court for proper remedy.

5.

We do not find any merit in the appeals. Consequently, the appeals are dismissed.

6.

In view of the dismissal of the appeals, all the pending interlocutory applications do not survive for consideration and are, also, dismissed.

7.

We make no order as to costs.