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2025 DAILYLAW 5016 (KAR)

SRI R AYYASWAMY v. THE COMMISSIONER

WP/102640/2023 · 2025-04-03

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5938 WP No. 102640 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102640 OF 2023 (LB-RES) BETWEEN: SRI. R.AYYASWAMY S/O R.K.RAMASWAMY, AGE: 65 YEARS, OCC: BUSINESS, R/O NO.369, SHRI VANI NILAYA, GANDHI COLONY, 31ST WARD, DAM ROAD, HOSAPETE, DIST: VIJAYANAGARA-583 201. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR., ADVOCATE) AND: THE COMMISSIONER, CITY MUNICIPAL COUNCIL, HOSAPETE, DIST: VIJAYANAGAR-583 201. …RESPONDENT (BY SRI. SIDDHARTH.H.M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5938 WP No. 102640 of 2023 ORAL ORDER Sri.Hanumanthreddy Sahukar., counsel for the petitioner has appeared in person. Sri.Siddharth H.M., counsel for the respondent has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Notice/ Letter dated 29.03.2023 issued by the respondent vide Annexure-D. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. A perusal of the notice dated 02.02.2023 vide Annexure-B and also the letter dated 29.03.2023 vide Annexure-D would reflect that there is no clarity. The contents of the notice and the letter are vague. It is noted that the respondent is issuing one notice after the other to the petitioner without there being any base. As already noted above, the contents of the notice and the letter are very vague, - 3 - NC: 2025:KHC-D:5938 WP No. 102640 of 2023 hence, this Court deems it proper to quash the Notice/ Letter at Annexure-D. 5. The Writ of Certiorari is ordered. The Notice/ Letter dated 29.03.2023 issued by the respondent vide Annexure-D is quashed. 6. Resultantly, the Writ Petition is allowed. Because of the disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 1 Sl No.: 42