Karnataka High Court
Sri V Manjunatha vs The Commissioner on 13 December, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC:45645
WP No. 27661 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 27661 OF 2023 (LB-BMP)
BETWEEN:
SRI. V. MANJUNATHA,
S/O. SRI. VENKATARAMANAPPA,
AGED ABOUT 46 YEARS,
RESIDING AT NO.12,
SRI. GIRI MEDICAL STORES,
2ND MAIN, 2ND CROSS, LAGGERE,
BENGALURU - 560 058.
...PETITIONER
(BY SRI. PRASHANTH U.T, ADVOCATE)
AND:
1. THE COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
Digitally signed N.R.SQUARE, BENGALURU - 560 002.
by
NARAYANAPPA 2. THE ZONAL COMMISSIONER,
LAKSHMAMMA
Location: HIGH BRUHAT BENGALURU MAHANAGARA PALIKE,
COURT OF
KARNATAKA N.R.SQUARE, BENGALURU - 560 002.
3. THE ASSITANT EXECUTIVE ENGINEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
LAGGERE SUB-DIVISION, 5TH BLOCK,
RAMAKRISHNA HEGDE PARK,
NAGARABHAVI 2ND STAGE,
BENGALURU - 560 072.
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE)
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NC: 2023:KHC:45645
WP No. 27661 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS FROM THE 3RD RESPONDENT WITH RESPECT TO
IMPUGNED PROVISIONAL ORDER DATED 01/08/2023,
BEARING NO. AEE/LAGSD/PO/03/2023-24 ISSUED BY 3RD
RESPONDENT UNDER SECTION 248(1) OF BBMP ACT, 2020
(ANNEXURE-F) SHOW-CAUSE NOTICE DATED 01/08/2023
ISSUED BY 3RD RESPONDENT UNDER SECTION 248(2) OF
BBMP ACT, 2020 (ANNEXURE-G) AND CONFIRMATION ORDER
DATED 07/11/2023, BEARING NO.AEE/LAGSD/PO/02/2023-24
ISSUED BY 3RD RESPONDENT UNDER SECTION 248(3) OF
BBMP ACT, 2020 (ANNEXURE-H) AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Sri.Pawan Kumar, learned counsel is directed to accepts notice for respondent No.1.
2. The petitioner is before this Court, seeking for the following reliefs:
"In view of the aforesaid reasons the Petitioner herein respectfully prays that this Hon'ble Court may be pleased to:
a) CALL for records from the 3rd Respondent with respect to impugned Provisional Order dated 01/08/2023, bearing No.AEE/LAGSD/PO/03/2023-24 issued by 3rd Respondent u/s. 248(1) of BBMP Act, 2020 (ANNEXURE-F), show-cause notice dated 01/08/2023 issued by 3rd respondent u/s. 248(2) of BBMP Act, 2020, (ANNEXURE-G) and Confirmation Order dated 07/11/2023, bearing No.AEE/LAGSD/PO/02/2023-24 issued by 3rd Respondent u/s. 248(3) of BBMP Act, 2020 (ANNEXURE-H);
b) ISSUE WRIT OR ORDER SETTING-ASIDE the impugned Provisional Order dated 01/08/2023, bearing -3- NC: 2023:KHC:45645 WP No. 27661 of 2023 No.AEE/LAGSD/PO/03/2023-24 issued by 3rd Respondent u/s. 248(1) of BBMP Act, 2020 (ANNEXURE- F), show-cause notice dated 01/08/2023, AEE/RRNSD/PO/2023-24 issued by 3rd respondent u/s.
248(2) of BBMP Act, 2020, (ANNEXURE-G) and Confirmation Order dated 07/11/2023, bearing No.AEE/LAGSD/PO/02/2023-24 issued by 3rd Respondent u/s. 248(3) of BBMP Act, 2020 (ANNEXURE- H);
c) PASS any other order as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of justice and equity."
3. By way of the above writ petition confirmatory order under Sub-section (3) of Section 248 of Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') has been challenged, as regards which the petitioner has an alternative and efficacious remedy in terms of an appeal under Section 253 of the BBMP Act.
4. In that view of the matter, reserving liberty to the petitioner to file an appeal, the petition stands disposed. If the said appeal is filed within 15 days from the date of receipt of the copy of this order, the respondent shall not take any coercive steps against the petitioner, until the disposal of the appeal.
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NC: 2023:KHC:45645 WP No. 27661 of 2023
5. All contentions of the petitioner including any entitlement of the petitioner for regularization in terms of Section 240(8) of the BBMP Act are left upon.
6. The Registry is directed to return the original documents filed in this matter, forthwith.
Sd/-
JUDGE CPN CT: BHK