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Karnataka High Court

M/S Primus Global Solutions vs The State Of Karnataka on 14 November, 2022

Author: Krishna S.Dixit

Bench: Krishna S.Dixit

                          1




 IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 14TH DAY OF NOVEMBER, 2022

                      BEFORE

    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

 WRIT PETITION NO.22328 OF 2022(KLR-RES)

BETWEEN:

M/S PRIMUS GLOBAL SOLUTIONS
PRIVATE LIMITED.,
BY ITS MANAGING DIRECTOR,
SRI.SUNIL KILARU,
S/O KUSUMA MOHAN RAOKILARU,
AGED ABOUT 48 YEARS,
NO.30, PRESITGE OZONE,
WHITEFIELD MAIN ROAD,
BANGALORE - 560 066.
                                         ...PETITIONER
(BY SRI.VIKRAM HUILGOL, SENIOR COUNSEL A/W
    SRI. KARTHIK V, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   BY ITS PRINCIPAL SECRETARY,
   REVENUE DEPARTMENT, M S BUILDING,
   BENGALURU - 560 001.

2. THE TAHSILDAR,
   BENGALRUU EAST TALUK,
   K R PURAM, BENGALURU - 560 048.
                                       ... RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH    THE    NOTICE    DATED    31.10.2022   IN
                                 2



NO.DMA(NCR)CR.33/2022-23 ISSUED BY THE TAHSILDAR,
BENGALURU EAST TALUK, K R PURAM, BENGALURU, A COPY
OF WHICH IS PRODUCED AT ANNEXURE-G.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

                             ORDER

Petitioner is knocking at doors of this Court for assailing the Notice dated 31.10.2022 (Annexure-G). Learned Sr. Advocate appearing for the Petitioner argues that Notice is absolutely without jurisdiction and therefore, his client need not reply to the same and in such instances writ remedy can be sought for sans such reply.

2. Learned AGA having opposed the Writ Petition for some time, now graciously agrees to instruct his clients to look into the Reply yet to be filed by the Petitioner should he file one within four weeks. He also says the Court to keep open mentions that in this regard all contentions to be kept open, so that the consideration of the matter/reply would happen on its intrinsic merits. This is fair enough.

3

In view of the above, writ petition is disposed off. The respondents are directed not to trouble the Petitioner for a period of four weeks within which he shall file the reply and if the same is filed, a decision is taken thereto and two weeks after it is communicated to him in writing.

All contentions are open, costs having been made easy.

It is open to the answering Respondent/s to solicit any information/documents from the side of the Petitioner for due consideration of his Reply which is yet to be filed. However, in the guise of such solicitation, no delay shall be brooked.

Sd/-

JUDGE Bsv