ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a) Issue a Writ in the nature of Certiorari quashing the notice dated 16.12.2022 bearing No.
SA.NI.NAYO(DA)/PO/71/2022-23 issued under section 248(1) of BBMP ACT, 2020 by the Respondent No.2 Assistant Director City Planning (South) vide Annexure-A,
b) Issue a Writ in the nature of Certiorari quashing the Provisional Order dated 16.12.2022 bearing No. SA.NI.NAYO(DA)/PO/71/2022-23 issued under section 248(1) of BBMP ACT, 2020 by the Respondent No.2 Assistant Director City Planning (South) VIDE Annexure-B.
c) Pass such other as this Hon'ble Court deems fit in the facts and circumstances of the above case.
2. The grievance of the petitioner is that the notices under Section 248(1) and (2) of the Bruhat Bengaluru Mahanagar Palike Act, 2020 (for shot 'BBMP Act, 2020') have been issued by the Assistant Director City Planning
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(South) and the Assistant Executive Engineer, who are not so authorized to do so under Section 248 of the BBMP Act, 2020.
3. This Court has delt with a similar list in the case of Smt. Kavitha Jain & another Vs. The Commissioner & Others in W.P.No.9934/20231dated 17.08.2023 that the Assistant Director City Planning (South) or the Assistant Executive Engineer would not be authorized to exercise powers under Section 248 of the BBMP Act, 2020 and such powers have to be exercised only by the Zonal Commissioner. As such, I pass the following:
O R D E R
(i) The petition is allowed.
(ii) A certiorari is issued, the notice dated 16.12.2022 bearing No.SA.NI.NAYO(DA)/PO/71/2022-23 under Section 248(1) of the BBMP Act, 2020 at Annexure-A is hereby quashed.
(iii) A certiorari is issued, the provisional order dated 16.12.2022 bearing
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No.SA/NI.NAYO(DA)/PO/71/2022-23M under Section 248(2) issued by respondent No.2 at Annexure-B is quashed.
(iv) Liberty is reserved to the Zonal Commissioner to issue a fresh notice detailing on the violations on part of the petitioner by enclosing a sketch along with the said notice.
Sd/-
JUDGE
GJM
List No.: 1 Sl No.: 28
CT: BHK