SAVITHA S v. BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP)
WP/13652/2025 · 2025-05-02
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26160 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26160 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:18050 WP No. 13652 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. 13652 OF 2025 (LB-BMP) BETWEEN:
1. SAVITHA S AGED ABOUT 46 YEARS, W/O SHANKAR L, R/AT NO. 690/19, SRI. SAI NILAYA, 4TH CROSS, BRUNDHAVANA LAYOUT, VIDHYA NAGAR CROSS ROAD, KADIGEHAGHALLI POST, AIRPORT ROAD, BANGALORE NORTH, BANGALORE - 562 157
2. MANAM HAJARATTAIAH AGED 75 YEARS, S/O CHINNA CHENGAIAH R/AT NO.3-61, VARIKUNTAPADU VILLAGE RAJAKA VEEDHI, NELLORU ANDRA PRADESH-524 227 … PETITIONERS (BY SRI. KESHAVA BHAT A., ADVOCATE) AND:
1. BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) N.R.SQUARE, CORPORATION CIRCLE, BANGALORE-560 002 REPRESENTED BY ITS COMMISSIONER. Digitally signed by VIDYA G R Location:
HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:18050 WP No. 13652 of 2025
2. HEALTH OFFICER, OFFICE OF BBMP, BYATARAYANAPURA DIVISION, YELAHANKA ZONE, BANGALORE- 560 092 … RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO NO. BRU.BEM.MA.PA/YAVA/AA.Y (BYAVI)/P.R/19/25-26 FROM THE FILE OF THE R-2 AND ON PERUSAL OF THE SAME AND SET ASIDE THE IMPUGNED NOTICE OF THE R-2 DTD. 25.04.2025 IN BRU.BEM.MA.PA/YAVA/AA.Y(BYAVI)/P.R/19/25-26 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER
Sri Pawan Kumar, learned counsel accepts notice for the respondents. 2. The petitioners have called in question the validity of the notice at Annexure-'A' dated 25.04.2025. The notice at Annexure-'A' is issued by the respondent BBMP granting seven days time to place necessary records, failing which, necessary action would be taken. - 3 -
NC: 2025:KHC:18050 WP No. 13652 of 2025
3. The respondent BBMP has observed in the said notice that the occupants of paying guest behave in an unruly manner and various other observations have been made. 4. Sri A. Keshava Bhat, learned counsel for the petitioners submits that the grounds made out in the notice would not permit passing of any order closing the establishment as long as necessary permission is obtained from the respondent - BBMP. 5. It is further submitted that the nature of activity is permissible in the area in which the paying guest accommodation is located. 6.
Taking note that the notice at Annexure-'A' dated 25.04.2025 still remains to be adjudicated, the matter is disposed off on terms as follows:- (i) The petitioners to appear before the Health Officer, BBMP within four weeks from the date of receipt of certified copy of the order;
- 4 -
NC: 2025:KHC:18050 WP No. 13652 of 2025 (ii) The petitioners to make out their reply in writing to the notice impugned; (iii) The respondent BBMP upon receipt of reply is to afford an opportunity of personal hearing to the petitioners and proceed further in accordance with law. (iv) Needless to state that, if the petitioners commit default in appearing before the Health Officer, BBMP, the respondent BBMP is at liberty to proceed further in accordance with law. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR