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2025 DAILYLAW 14053 (KAR)

MR ISHTIAQ AHMED v. THE COMMISSIONER

WP/5770/2019 · 2025-02-06

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:5441 WP No. 5770 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5770 OF 2019 (LB-BMP) BETWEEN: 1. MR ISHTIAQ AHMED S/O MR ABDUL HAFEEZ AGED 57 YEARS R/A 63, 4TH C BLOCK 9TH MAIN, KORAMANGALA, BANGALORE-560095 2. MR. SHAIKH ABDUL BAQI S/O MR. S ABDUL JABBAR AGED 44 YEARS R/A #27, ST JOHNS CHURCH ROAD BANGALORE-560005 …PETITIONERS (BY SRI. RAGHUNATH M D., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002 2. THE HEALTH OFFICER BOMMANAHALLI WARD BRUHAT BENGALURU MAHANAGARA PALIKE BEGUR MAIN ROAD BANGALORE-560068 …RESPONDENTS (BY SRI. H. DEVENDRAPPA, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5441 WP No. 5770 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE W.P. WITH COSTS. DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE PETITIONERS PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTY. QUASH THE ANNEXUER-H DATED 16.01.2019 ISSUED BY THE 2ND RESPONDENT. 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 The writ petition is filed challenging the notice, wherein it is stated that the petitioners were utilizing the premises which was earmarked for parking of vehicles, and therefore was required show cause as to why appropriate action should not have been taken against the petitioners. 2. Notice being of the year 2019, and the fact that no interim order is granted to the petitioner, it is obvious that the petitioner will have to file his objections to the - 3 - NC: 2025:KHC:5441 WP No. 5770 of 2019 notice, and on such objections being filed, the BBMP shall consider the same after hearing the petitioner and pass an appropriate order. 3. In view of the same, the writ petition is disposed of. Sd- (N S SANJAY GOWDA) JUDGE sks