GANESHA P R v. BRUHATH BANGALURU MAHANAGARA PALIKE (BBMP)
WP/13012/2025 · 2025-04-28
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25301 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25301 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17754 WP No. 13012 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13012 OF 2025 (LB-BMP) BETWEEN:
1.
GANESHA P R S/O RAMACHANDRAPPA AGED 33 YEARS, SHOP NO.3, LAKSHMI VENKATESHWARA TRADERS NO.15, 6TH CROSS, AZADNAGAR CHAMARAJAPET BENGALURU - 560 018 … PETITIONER (BY SRI. RAMESH N.K., ADVOCATE) AND:
1.
BRUHATH BANGALURU MAHANAGARA PALIKE (BBMP) KITTUR RANI CHENNAMMA CIRLE BANGALURU - 560 001 REPRESENTED BY ITS CHIEF COMMISSIONER
2.
THE ZONAL COMMISSIONER WEST ZONE, BBMP KITTUR RANI CHENNAMMA CIRCLE BENGALURU - 560 001.
3.
THE HEALTH OFFICER WEST ZONE, BBMP Digitally signed by VIJAYA P Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17754 WP No. 13012 of 2025 AZADNAGAR METERNITY HOSPITAL COMPOUND CHAMARAJAPET BENGALURU - 560 018 … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-G, THE IMPUGNED NOTICE DATED 03/04/2025 ISSUED BY THE R3 IN NO. AA.Y (CHAPE)/PR/08/2025-26 BY THE ISSUE OF WRIT OF CERTIORARI OR ANY OTHER WRIT,
ORDER OR DIRECTION AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for setting aside the notice at Annexure-G dated 03.04.2025 issued by the respondent – BBMP wherein it is observed that the petitioner is carrying out commercial activities in a residential area which is impermissible.
2. It is the case of the petitioner that the zoning regulations permit the nature of activity of the petitioner
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NC: 2025:KHC:17754 WP No. 13012 of 2025 to be carried on in the premises. It is further submitted that though Annexure-G is styled as ‘notice’, it is in the nature of an order to shift forthwith.
3. Taking note of the notice at Annexure-G, petition itself could be disposed off in terms of the following:
a) Petitioner to make out his reply to Annexure-G within 10 days. Thereafter, respondent – Authority to afford an opportunity of hearing to the petitioner and proceed as per law.
b) In the interregnum, as the petitioner continues to carry on business, petitioner is at liberty to apply for trade license and respondent – BBMP to consider such application and pass orders along with passing of orders in terms of the proceedings at Annexure-G.
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NC: 2025:KHC:17754 WP No. 13012 of 2025
c) Needless to state, respondents not to take any precipitative steps till the proceedings at Annexure-G attain finality.
Accordingly, petition is disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP