- 1 - NC: 2025:KHC:6581 WP No. 6090 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6090 OF 2017 (LB-BMP) BETWEEN: 1. THE BANGALORE CITY CO OPERATIVE BANK LTD A.O.NO.3, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560018 REPRESENTED BY ITS GENERAL MANAGER …PETITIONER (BY SMT. UMADEVI H R., ADVOCATE) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE, NEAR UNITY BUILDING, N.R.SQUARE, BENGALURU-560 002 REPRESENTED BY ITS COMMISSIONER 2. THE MEDICAL OFFICER, BBMP AT C.V.RAMAN NAGAR, ULSOOR, BENGALURU-560 038 …RESPONDENTS (BY SMT. RAKSHITHA.D.J., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED:20.1.2017 VIDE ANNEXURE-A ISSUED BY R-2, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6581 WP No. 6090 of 2017 ORAL ORDER 1. This petitioner is challenging the notice dated 20.01.2017 issued by the Bruhat Bengaluru Mahanagara Palike ('the BBMP') by which it has called upon the petitioner to close down its business since the BBMP was of the view that the area was earmarked for residential use and it was not permissible for a Bank to operate contrary to the Zonal Regulations. 2. A reading of the notice indicates that this notice was not preceded by any show-cause notice to the petitioner and straight away the BBMP has proceeded to issue the notice calling upon the petitioner to stop running the Bank. 3. In my view, the approach of the BBMP to straight away call upon the petitioner to shut down the Bank would not be correct. The petitioner shall therefore treat the impugned notice as a show-cause notice and file its - 3 - NC: 2025:KHC:6581 WP No. 6090 of 2017 objections within two weeks from the date of receipt of a copy of this order. 4. It would be open for the Bank to contend that it is permissible for the Bank to operate in an area earmarked for residential use as per the reservation as prevalent as on the date it started its operation is relevant and not a subsequent Master Plan. 5. If such objections are filed, the BBMP shall consider the same and pass appropriate order in accordance with law. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 44