Riyaz Ahmed vs The Chief Officer on 8 May, 2014

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Karnataka High Court

Riyaz Ahmed vs The Chief Officer on 8 May, 2014

Bench: N.K. Patil

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  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 8TH DAY OF MAY, 2014,

                         : BEFORE :

         THE HON'BLE MR.JUSTICE N.K. PATIL

       WRIT PETITION No. 21409 OF 2014 (LB-RES)

BETWEEN:

Riyaz Ahmed,
S/o. Zainullabiddin Ishaqui,
Aged about 44 years,
R/o. Port Road, 2nd Cross,
Bhatkal,
Rep. by his GPA Holder,
Sri. Abdul Azeem Damda Fakki,
Aged about 43 years,
S/o. Mohammed Hassan Damda Fakki,
Resident of Bhatkal-581 320.
                                                 ...Petitioner
(By Shri. Harish Kumar.M.S, Advocate)

AND:

The Chief Officer,
Town Municipal Council,
Bhatkal, Uttara Kannada District-581 320.
                                               ...Respondent
(By Shri. V.P. Kulkarni, Advocate)
                            *****

      This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order/notice
dated 24/04/2014 passed by the Chief Officer, Town
Municipal Council, Bhatkal in No.PUSABE/KAVI/BDP
/2014-15 vide Annexure-C.
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      This Writ Petition coming on for Preliminary Hearing,
this day, the Court made the following:


                       ORDER

Petitioner in this petition has sought for quashing the order/notice dated 24th April 2014, passed by the Chief Officer, Town Municipal Council, Bhatkal in No.PUSABE/KAVI/BDP/2014-15 vide Annexure-C.

2. I have heard learned counsel appearing for petitioner, Shri Harish Kumar M.S. for Shri V.P. Kulkarni. During the course of submission, he submitted that the writ petition filed by petitioner may be dismissed as withdrawn, reserving liberty to the petitioner to file objections to the notice dated 24th April 2014 issued by respondent and if such objections/reply is filed, the respondent may be directed to pass appropriate order and all the grounds urged in the writ petition may be left open.

3. The submission made by the learned counsel appearing for petitioner, as stated supra, is placed on record.

4. In the light of the submission made by learned counsel appearing for petitioner, the writ petition filed by petitioner is dismissed as withdrawn, reserving liberty to the petitioner to file objections/reply to the notice dated 24th April 2014 issued by respondent vide Annexure C, within a period of one week from today. In the event such objections/reply is filed by petitioner within the time stipulated above, the respondent is directed to receive the same and pass appropriate order in accordance with law and dispose of the same expeditiously.

Sd/-

JUDGE BMV*

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