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Karnataka High Court

Sri P Muniraju vs The Urban Development Department on 30 September, 2013

Author: Ravi Malimath

Bench: Ravi Malimath

                           -1-




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        ON THE 30TH DAY OF SEPTEMBER, 2013

                        BEFORE

      THE HON'BLE MR. JUSTICE RAVI MALIMATH

     WRIT PETITION NOS.40620-21 OF 2011 (LB-BMP)

BETWEEN:

1.     Sri.P.Muniraju,
       S/o late Poojappa,
       Aged about 49 years,

2.     Smt.Sujatha,
       W/o P.Muniraju,
       Aged about 43 years,

       Both are R/at No.203, 9th A Main,
       1st Block, Kalyananagara,
       HRBR Layout, Banasawadi,
       Bangalore - 560 043.
                                           ... Petitioners

(By Sri.Nagarjun N for Sri.T.Nagaraja, Advocates)

AND:

1.     The Urban Development Department,
       By its Secretary,
       Vidhana Soudha,
       Bangalore.

2.     The Commissioner,
       Bruhat Bangalore Mahanagara Palike,
       N.R.Circle,
       Bangalore-560 002.

3.     The Joint Commissioner,
       BBMP,
                            -2-




      Mahadevpura Sub-Division,
      Bangalore - 48.
                                           ... Respondents

(By Sri.N.B.Vishwanath, HCGP for R1,
   Sri.B.V.Muralidhar, Advocate for R2 & R3)

      These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the notification dt.23.12.09, passed by the R1, produced
at Ann-F & consequently the Circular dt.7.2.11, passed
by the R2, produced at Ann-G & the impugned notice
dt.24.10.11, issued by the R3 Joint Commissioner,
BBMP, Mahadevpura Sub Dn., Bangalore - 48 produced
at Ann-C and etc.

      These Writ Petitions coming on for Preliminary
Hearing in 'B' Group, this day, the Court made the
following:-

                       ORDER

Both learned Counsels submit that the issue involved in these petitions is covered by the order dated 20th April 2012 passed by the learned Single Judge in W.P.Nos.18014/2011 and other connected cases.

2. Consequently, the Notification dated 23.12.2009 passed by the respondent No.1 vide Annexure-F, the Circular dated 07.02.2011 passed by the respondent No.2 vide Annexure-G and the -3- impugned notice dated 24.10.2011 passed by the respondent No.3 vide Annexure-C are quashed. In view of the submission made, the petitions are disposed off in terms of the aforesaid order.

Sd/-

JUDGE Prs*