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2025 DAILYLAW 25944 (KAR)

MRS. REKHA MOHAN v. THE COMMISSIONER

WP/13591/2025 · 2025-05-02

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - NC: 2025:KHC:17948 WP No. 13591 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13591 OF 2025 (LB-RES) BETWEEN: 1. MRS. REKHA MOHAN W/O LATE MOHAN AMIN AGE 52 YEARS FLAT NO. 1703, 17TH FLOOR ATLANTIS APARTMENTS, LOWER BENDORE ROAD, NEAR COLACO HOSPITAL, BENDOOREWELL, MANGALURU - 575 002 … PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: 1. THE COMMISSIONER MANGALORE CITY CORPORATION, MANGALURU, DAKSHINA KANNADA - 575 001 … RESPONDENT (BY SRI. K.N. NITISH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.04.2025 IN F17/CR 37/2024-25 PASSED BY THE RESPONDENT AS PER ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17948 WP No. 13591 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Sri. K. N. Nitish, learned counsel accepts notice for respondent. 2. It is submitted by the learned counsel for the respondent that insofar as the impugned order at Annexure-A, petitioner has a substantive remedy under Section 443-A of the Karnataka Municipal Corporations Act, 1976. 3. Accordingly, there would be an order of status quo as regards the impugned order for a period of two weeks from the date of receipt of certified copy of this order. Petitioner to take appropriate steps to avail of substantive remedy. All contentions are kept open. 4. In light of the above, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP