- 1 - NC: 2025:KHC:6646 WP No. 27585 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27585 OF 2024 (LB-BMP) BETWEEN: 1. SRI. NAGARAJ S/O VENKATARAMAIAH, AGED ABOUT 48 YEARS, R/AT NO 518/3, A CROSS, PIPELINE, YESHWANTHPUR, BENGALURU 560 022. …PETITIONER (BY SRI. K HANUMANTHARAYAPPA, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE, N R SQUARE, BENGALURU 560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER YESHWANTHPURA SUB DIVISION, BRUHAT BENGALURU MAHANAGAR PALIKE, 2ND FLOOR, CORPORATION COMMERCIAL COMPLEX, YESHWANTHPUR, BENGALURU 560 022. …RESPONDENTS (BY SRI. K S MALLIKARJUNA REDDY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTICE/ ORDER BEARING NO. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6646 WP No. 27585 of 2024 SA.KA.NI.A(YA)/PR225/2024-25 DTD. 30.09.2024 AS PER ANNEXURE-A ISSUED BY THE 2ND RESPONDENT. 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. This petition is filed against a final notice issued to the petitioner calling upon him to vacate and hand over vacant possession of the place where he had erected a Nandini Milk Parlour booth on ground that there was a circular of the Chief Commissioner to ensure that the movement of pedestrians on the footpath were not impeded by erecting of any structures. 2. Learned counsel for the petitioner points out that the petitioner has been permitted to put-up the structure and he is running his business from 2019 i.e., for a period of more than 5 years and, if all of a sudden the petitioner is called upon to quit and deliver the vacant possession he would be severely prejudiced. - 3 - NC: 2025:KHC:6646 WP No. 27585 of 2024 3. In my view, in the light of this submission, it would be appropriate to grant the petitioner one years’ time to quit and hand over vacant possession to the BBMP. 4. The petitioner shall file an affidavit of undertaking within two weeks that he would voluntarily dismantle and hand over the possession to the BBMP on or before 01.04.2026. 5. The BBMP shall also consider whether any alternative place, which does not cause any impediment could be considered for allotment to the petitioner. 6. This writ petition is accordingly disposed of. 7. 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.: 1