S.G. Pandit, J.:— The petitioner is before this Court under Article 226 of the Constitution of India, praying to quash Annexure-L-Endorsement bearing No. MUN/RP/9/2019 dated 02.02.2021, by which the 1 respondent rejected the request of the petitioner to take on record the applications filed to recall the order dated 05.01.2021 in view of the fact that case No. MUN/RP/9/2019 is already posted for orders.
2. Heard Sri. Raviprakash. V, learned counsel for the petitioner and learned High Court Government Pleader for respondent No. 1 as well as Sri. M.A. Subramani, learned counsel for respondent No. 2.
3. The learned counsel for the petitioner submits that in respect of property bearing Nos. 1-5 in Sy. No. 18 of Bilekahalli Village,. Kasaba Hobli, Bengaluru North Taluk, the 2 respondent approached the 1 respondent under Section 178A of the Karnataka Municipal Corporations Act, 1976 (for short ‘the Act’). It is the case of the petitioner that no notice was served on the petitioner in respect of the said appeal which involves site bearing Nos. 1-5 in Sy. No. 18 of Bilekahalli Village, Kasaba Hobli, Bengaluru North Taluk. As the petitioner is the 4 respondent therein and no notice was served on him, he filed applications under Section 151 of CPC, under Order IX Rule 7 of CPC and application under Section 151 of CPC to recall the order by which the appeal was posted for orders and to provide an opportunity to the petitioner to have his say in the appeal. Those applications are received in the office of 1 respondent on 01.02.2021. The 1 respondent has issued endorsement on 02.02.2021 stating that as the appeal is already posted for orders, there is no provision for considering the applications of the petitioner.
4. Learned High Court Government Pleader on instructions submits that no orders have been passed till this date on the appeal filed by the 2 respondent-BBMP and further submits that the applications filed by the petitioner would be considered and appropriate order would be passed.
5. Taking note of the fact that the petitioner had no opportunity to have his say before the 1 respondent in case No. MUN/RP/9/2019, the 1 respondent is directed to consider his applications filed on 01.02.2021, hear the petitioner and pass an appropriate order.
6. The petitioner as well as 2 respondent to appear before the 1 respondent on 25.02.2021 at 3:00 P.M. Till 25.02.2021, the 1 respondent shall not proceed to pass orders on the appeal in question.
7. With the above, writ petition is disposed off.
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