Karnataka High Court
Eshwara Engineers vs State Of Karnataka on 21 September, 2024
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NC: 2024:KHC:39069
WP No. 26028 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 26028 OF 2024 (LB-BMP)
BETWEEN:
ESHWARA ENGINEERS
REPRESENTED BY ITS MANAGING PARTNER,
RAGHU B A, R/O NO.294, 1ST CROSS,
KEMPEGOWDA LAYOUT,
RAJGOPALNAGARA, BANGALORE,
KARNATAKA-560058
...PETITIONER
(BY SRI. HARSHAVARDHANA M.R., ADVOCATE FOR
SRI. SURENDRA Y S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed REP. BY ITS PRINCIPAL SECRETARY,
by R DEEPA DEPARTMENT OF URBAN DEVELOPMENT
Location: HIGH R/O VIKASA SOUDHA,
COURT OF DR BR AMBEDKAR VEEDHI,
KARNATAKA BANGALORE-560001
2. BRUHATH BANGALORE MAHANAGARA PALIKA
R/O HUDSON CIRCLE,
BANGALORE-560001
REP. BY ITS COMMISSIONER
3. THE ZONAL COMMISSIONER
BBMP DASARAHALLI ZONE,
R/O JAIN TEMPLE ROAD,
PRASHANTH NAGAR,
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NC: 2024:KHC:39069
WP No. 26028 of 2024
DASARAHALLI,
BANGALORE-57
4. THE HEALTH OFFICER
BBMP DASARAHALLI ZONE,
R/O MEI LAYOUT, BAGALAKUNTE,
HESARGHATTA MAIN ROAD,
BANGALORE- 560073
...RESPONDENTS
(BY SMT. SPOORTHI V. HCGP FOR R1
SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED NOTICE BEARING NO.
BBMP/DISPUTE/AY/PR/67/24-25 DTD 6.07.2024 ISSUED BY
THE R-4 VIDE ANNX-C AND ISSUE DIRECTION TO RELEASE
THE LOCKED OUT PORTION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner has filed this writ petition challenging the impugned notice dated 06.07.2024 issued by respondent No.4 vide Annexure-C in F.R.No.26177/2024. -3-
NC: 2024:KHC:39069 WP No. 26028 of 2024
2. The brief facts leading rise to filing of this writ petition are as under:
The petitioner is s registered company which is under the name and style of Eshwara Engineering and is engaged in the business of manufacturing of office machinery and equipment. Respondent No.4 without having powers conferred under the Bruhath Bengaluru Mahanagara Palike Act, 2020 initiated an enquiry against the petitioner. The petitioner has issued notice dated 06.07.2024 vide Annexure-C. The petitioner without submitting a reply to the notice vide Annexure-C, has filed this writ petition. It is contended that by virtue of impugned Annexure-C, respondent No.4 has locked the premises. Hence, prayed to allow the writ petition.
3. Heard the learned counsel for the petitioner and also learned counsel for the respondents.
4. Learned counsel for the petitioner submits that respondent No.4 issued a notice vide Annexure-C directing -4- NC: 2024:KHC:39069 WP No. 26028 of 2024 the petitioner to closedown the business. He submits that no opportunity was provided to the petitioner to submit a reply. He also submits that without passing the final order, respondent No.4 has locked the premises. The action of respondent No.4 to lock the premises is arbitrary and illegal. Hence, on these grounds, prays to allow the writ petition.
5. Per contra, learned counsel for the respondent BBMP submits that the notice vide Annexure-C may be treated as show cause notice and liberty be reserved to the petitioner to submit a reply within a reasonable time, respondent No.4 considering the reply will pass an order. Hence, prayed to dispose of the writ petition.
6. Perused the records and considered the submissions of the learned counsel for the parties.
7. Admittedly, the petitioner is carrying on a business in the property in question after obtaining necessary permission from the competent authority. -5-
NC: 2024:KHC:39069 WP No. 26028 of 2024 Respondent No.4 on the complaint of the localities issued a notice vide Annexure-C, whereas the petitioner did not replied to Annexure-C. The petitioner without submitting a reply to the notice filed this writ petition. The writ petition filed by the petitioner is premature. Respondent No.4 without passing the final order has no authority to lock the premises. The action of respondent No.4 in locking the premises is illegal and unauthorized. Further, no opportunity is provided to the petitioner to reply to the notice vide Annexure-C.
8. In view of the same, the writ petition is disposed of treating Annexure-C as show cause notice and liberty is reserved to the petitioner to submit a reply to the show cause notice, within a period of 15 days from today and thereafter, respondent No.4 shall consider the reply and pass appropriate order, in accordance with law. -6-
NC: 2024:KHC:39069 WP No. 26028 of 2024
9. Respondent No.4 is directed to open the lock of the premises on or before 23.09.2024.
10. All the contentions of the parties are kept open.
Sd/-
(ASHOK S.KINAGI) JUDGE SSB