- 1 - NC: 2025:KHC:5308 WP No. 6652 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6652 OF 2017 (LB-BMP) BETWEEN: 1. M/S GINA ENGINEERING COMPANY PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVINT ITS OFFICE AT NO.330, DOUBLE ROAD, BINNAMANGALA 1ST STAGE, INDIRANAGAR, BENGALURU 560038 REPRESENTED BY ITS MANAGING DIRECTOR MR TOMY THOMAS …PETITIONER (BY SRI. T.P.VIVEKANANDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE 560001 THROUGH ITS CHIEF SECRETARY 2. URBAN DEVELOMENT DEPARTMENT VIKAS SOUDHA, BANGALORE 560001 THROUGH ITS ADDITIONAL CHIEF SECRETARY 3. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE , BANGALORE 560002 4. THE HEALTH OFFICER C V RAMAN NAGAR WARD BRUHAT BENGALURU MAHANGARA PALIKE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5308 WP No. 6652 of 2017 BANGALORE-560093. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1 & R-2; SRI. PAWAN KUMAR., ADVOCATE FOR R-3 & R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DECLARE THAT THE GAZETTE NOTIFICATION DATED.23.3.2015 VIDE ANNEXURE-Q AS NOT BINDING ON THE PETITIONER, 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 ORAL ORDER 1. The petitioner is aggrieved by the demand notice dated 12.01.2017 whereby the Bruhat Bengaluru Mahanagara Palike ('the BBMP') has called upon the petitioner to stop using his premises for commercial purposes, as the land use permissible under the Regulations do not permit the use of a residential premises for non-residential purposes. 2. A reading of the said notice does not indicate that the petitioner was heard in the matter before the impugned order was passed. - 3 - NC: 2025:KHC:5308 WP No. 6652 of 2017 3. I am therefore of the view that it would be appropriate to direct the petitioner to treat the impugned notice as a show-cause notice and permit him to file objections within a period of three weeks from today. 4. On such objections being filed, the BBMP shall thereafter consider the same and pass appropriate order after hearing the petitioner. 5. The writ petition is allowed accordingly. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 43