M/S. GUNNVARDHAK SHWETAMBER MURTHY POOJAK JAIN SANGH v. CHIEF COMMISSIONER, Karnataka High Court, Judgment, Law, casemine.com

Citation Codes

Neutral Citations

2023 KHC 37083

Equivalent Citations

citation codes

Case Number

WP 22674 of 2023

Disposition

allowed

Advocates

SAMPATH A
PAWAN KUMAR

Judges

Hon'ble Mr. Justice Suraj Govindaraj

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M/S. GUNNVARDHAK SHWETAMBER MURTHY POOJAK JAIN SANGH v. CHIEF COMMISSIONER

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NC: 2023:KHC:37083

WP No. 22674 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF OCTOBER, 2023

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22674 OF 2023 (LB-BMP)

BETWEEN:

M/S. GUNNVARDHAK SHWETAMBER

MURTHY POOJAK JAIN SANGH,

A TRUST REGISTERED IN TERMS

OF DECLARATION OF TRUST DEED

DATED 03.08.2018,

HAVING ITS OFFICE AT NO. 81/1,

2ND FLOOR, GOVINDAPPA ROAD,

V.V. PURAM, BENGALURU - 560 004,

REPRESENTED BY ITS AUTHORIZED TRUSTEE,

SRI. DILIP B PIRGAL,

AGED ABOUT 55 YEARS,

S/O. B. D. PIRGAL. …PETITIONER

(BY SRI. A. SAMPATH, ADVOCATE)

AND:

1. CHIEF COMMISSIONER,

BRUHAT BANGALORE MAHANAGRA PALIKE,

N.R. SQUARE, HUDSON CIRCLE,

BENGALURU - 560 002.

2. ASSISTANT DIRECTOR CITY PLANNING (SOUTH),

COMMERCIAL COMPLEX,

BRUHAT BENGALURU MAHANAGARA PALIKE,

9TH CROSS ROAD, 9TH MAIN ROAD,

2ND BLOCK, JAYANAGAR,

BENGALURU - 560 011. …RESPONDENTS

(BY SRI. PAWAN KUMAR, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE

CONSTITUTION OF INDIA PRAYING TO A) 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 R2- ASSISTANT DIRECTOR CITY PLANNING (SOUTH) VIDE ANNEXURE-A

AND ETC.,

THIS WP, COMING ON FOR ORDERS, THIS DAY, THE COURT

MADE THE FOLLOWING:

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

1 NC :2023:KHC:291 24

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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

M/S. GUNNVARDHAK SHWETAMBER MURTHY POOJAK JAIN SANGH v. CHIEF COMMISSIONER

M/S. GUNNVARDHAK SHWETAMBER MURTHY POOJAK JAIN SANGH v. CHIEF COMMISSIONER

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