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2025 DAILYLAW 17891 (KAR)

TOTAL ENVIRONMENT BUILDINGS SYSTEMS PRIVATE LIMITED v. THE STATE OF KARNATAKA

WP/5996/2025 · 2025-02-28

N S Sanjay Gowda

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8777 WP No. 5996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5996 OF 2025 (LB-RES) BETWEEN: 1. TOTAL ENVIRONMENT BUILDINGS SYSTEMS PRIVATE LIMITED A REGISTERED COMPANY UNDER THE COMPANIES ACT, 1956 HAVING THEIR OFFICE AT NO.78, ITPL ROAD, EPIP ZONE, WHITEFIELD, BANGALORE-560066 REPRESENTED BY ITS AUTHORISED SIGNATORY MR.JAGADISH MARISIDDAIAH, S/O DURGAIAH.M, AGED ABOUT 56 YEARS …PETITIONER (BY SRI. ADITYA SONDHI., SENIOR COUNSEL FOR SMT. ANUPARNA BORDOLOI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DR.AMBEDKHAR VEEDHI, BANGALORE-56001 REPRESENTED BY ITS CHIEF SECRETARY 2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU-560020 REPRESENTED BY ITS COMMISSIONER 3. THE ENGINEERING OFFICER-2 NO.3, NORTH SUB-DIVISION, THE BANGALORE DEVELOPMENT AUTHORITY (BDA) RT NAGAR, BANGALORE-560032 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8777 WP No. 5996 of 2025 4. BETTAHALSURU GRAMA PANACHAYATHI JALA HOBLI, YELANKA TALUK, BANGALORE URBAN DISTRICT PIN CODE-562149. REPRESENTED BY THE PANCHAYAT DEVELOPMENT OFFICER …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1; SRI K.KRISHNA., FOR R-2 & R-3; SRI. M.S.DEVARAJU., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R- 4 TO CONSIDER THE REPRESENTATION DATED 15.02.2025 ISSUED BY THE PETITIONER HEREIN ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The challenge in this writ petition is to the Communication dated 14.02.2025, by which, it has been decided to withdraw the occupancy certificate which had been granted to the petitioner on 10.01.2024. 2. A perusal of Annexure – B would indicate that the withdrawal of the occupancy certificate was essentially on the basis of a request made by the - 3 - NC: 2025:KHC:8777 WP No. 5996 of 2025 Bangalore Development Authority. It is noticed that before this withdrawal order was passed, the petitioner was not even heard in the matter. 3. In that view of the matter, Annexure – B, the order withdrawing the occupancy certificate shall be treated as a show cause notice by the petitioner, and he shall file his objections within a period of two weeks from today and, on such objections being filed, the 3rd respondent shall consider the same and pass an appropriate order in accordance with law. 4. It is needless to state that the petitioner shall also be heard in the matter before a fresh order is passed. 5. This writ petition is accordingly disposed of. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 16