Karnataka High Court
Sri. Govardhan N vs State Of Karnataka on 13 April, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 8285 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 8285 OF 2023 (LB-BMP)
BETWEEN:
SRI. GOVARDHAN N
AGED ABOUT 62 YEARS,
S/O SRI. NARASOJI ROAD,
R/AT NO.4, 5TH B CROSS,
GIRINAGAR 3RD STAGE, BSK 3RD STAGE,
BENGALURU-560085
...PETITIONER
(BY SRI. ANIRUDH A. KULKARNI.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
Digitally signed VIDHANA SOUDHA,
by SHWETHA
RAGHAVENDRA DR. AMBEDKAR VEEDHI,
BENGALURU-560001.
Location: HIGH
COURT OF
KARNATAKA 2. BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY ITS CHIEF COMMISSIONER,
N R SQUARE,
BENGALURU-560002
3. ZONAL COMMISSONER SOUTH ZONE, BBMP
9TH CROSS,
9TH KAIN, 2ND BLOCK,
JAYANAGAR, BENGALURU,
KARNATAKA-560011
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WP No. 8285 of 2023
4. ASSISTANT DIRECTOR TOWN PLANNING (SOUTH)
BRUHAT BENGALURU MAHANAGARA PALIKE,
9TH CROSS,
9TH MAIN, 2ND BLOCK,
JAYANAGAR,
BENGALURU,
KARNATAKA-560011
5. ASSISTANT ENGINEER
BBMP (WARD NO.162)
C/O BBMP, NO.105,
WATER TANK ROAD,
VBHCS LAYOUT, 2ND BLOCK,
BANASHANKARI 3RD STAGE,
BANASHANKARI, BENGALURU,
KARNATAKA-560085
6. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
(BESCOM)
REPRESENTED BY ITS MANAGING DIRECTOR,
K.R. CIRCLE, BENGALURU-560001
7. BANGALORE WATER SUPPLY AND SEWAGE BOARD
(BWSSB)
REPRESENTED BY ITS CHIEF OFFICER,
2ND FLOOR,
CAUVERY BHAVAN,
SAMPANGI RAMA NAGAR,
BENGALURU-560009
...RESPONDENTS
(BY SRI. NITYANANDA K.R., AGA FOR R1;
SRI. PAWAN KUMAR., ADVOCATE FOR R2 TO R5;
SRI. MONESH KUMAR., ADVOCATE FOR R6 & R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED CONFIRMATION ORDER
BEARING NO. SA NI NA YO (DA)/CO/116/2022-23 DATED
28.03.2023 ISSUED BY RESPONDENT NOS. 4 & 5, AT THE BEHEST
OF RESPONDENT NO.3 (ANNEXURE-J AT PAGE NOS AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 8285 of 2023
ORDER
1. Sri.Nityananda.K.R, learned AGA accepts notice for respondent No.1, Sri.Pawan Kumar, learned counsel is directed to accept notice for respondents No.2 to 5, Sri.H.V.Devaraju, learned counsel is directed to accept notice for respondent No.6 and Sri. Monesh Kumar, learned counsel is directed to accept notice for respondent No.7.
2. The petitioner is before this Court seeking for the following reliefs:
a. Issue a Writ of Certiorari quashing the impugned Confirmation order bearing No. Sa Ni Na Yo (Da)/CO/116/2022-23 dated 28.03.2023 issued by Respondent Nos. 4 & 5, at the behest of Respondent No.3 (Annexure-J at Page Nos.
b. Issue a Writ of Certiorari quashing the impugned Provisional Order bearing No. No. Sa Ni Na Yo (Da)/CO/116/2022-23 dated 17.03.2023 issued by Respondent Nos. 4 & 5, at the behest of Respondent No.3 (Annexure-G at Page Nos. c. Issue a Writ of Certiorari quashing the impugned Show Cause Notice bearing No. No. Sa Ni Na Yo (Da)/CO/116/2022-23 dated 17.03.2023 issued by Respondent No. 3 at the behest of Respondent No.3 (Annexure-Hat Page Nos.
d. Issue a Writ of Certiorari quashing the impugned Communication dated 05.04.2023 bearing No. -4- WP No. 8285 of 2023 BBMP/Ad.Com/SUT/0048/21-22 issued by Respondent No.4 to BESCOM. (Annexure-K at page Nos.
e. Issue a Writ of Certiorari quashing the impugned Communication dated 05.04.2023 bearing No. BBMP/Ad.Com/SUT/0048/21-22 issued by Respondent No.4 to BWSSB (Annexure-LK at page Nos.
f. Issue a writ of Prohibition or a Writ or Direction of any other name or description to the Respondents against enforcement of the impugned orders as against the Petitioner g. Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.
3. The grievance of the petitioner is that without following the due procedure, the Bruhat Bengaluru Mahanagara Palike [BBMP] has issued the provisional order under Section 248(1) and (2) as also confirmatory order has been passed under Section 248(3) of the BBMP Act, 2020 and thereafter BBMP has written to the BESCOM to disconnect the electricity connection and to the BWSSB to disconnect water and sewage.
4. On enquiry, Sri.Pawan Kumar, learned counsel for respondents No.2 to 5 submits that since the petitioner was not available in the property, notice was affixed -5- WP No. 8285 of 2023 and since no reply was received, confirmatory order was passed.
5. When matters are relating to demolition, it is required that the notice is served in person and an opportunity be made available to the noticee to reply to the same and on reply being considered by the Corporation. Petitioner now having confirmed the receipt of the provisional order and secured the same through RTI, service having been completed, I am of the considered opinion that it would be in the interest of justice to provide an opportunity to the petitioner to reply to the same within a period of seven days. As such, I pass the following:
ORDER i. The writ petition is allowed. A certiorari is issued. Confirmation order dated 28.03.2023 at Annexure-J is quashed.
ii. The petitioner is permitted to reply to the provisional order dated 17.03.2023 within a -6- WP No. 8285 of 2023 period of seven days from today which shall be considered by the respondent in accordance with law by following the principles of natural justice.
iii. Consequently, certiorari is issued quashing the communication dated 5.04.2023 at Annexure-K issued by respondent No.4 to respondent No.6, as also communication dated 5.04.2023 at Annexure-L issued by respondent No.4 to respondent No.7.
Sd/-
JUDGE LN List No.: 2 Sl No.: 1