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2025 DAILYLAW 51701 (KAR)

MR.JAYARAM NAIDU v. THE STATE OF KARNATAKA

WP/38456/2025 · 2025-12-19

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54570 WP No. 38456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 38456 OF 2025 (LB-BMP) BETWEEN: 1. MR.JAYARAM NAIDU S/O VENKATA RAMA NAIDU, AGED ABOUT 51 YEARS, R/AT LAKSHMI NILAYAM, 4TH MAIN, MUNIYAPPA GARDEN LAYOUT, K.R. PURAM, BENGALURU-560 036. & PETITIONER (BY SRI. S.RAJASHEKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU- 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. BRUHAT BENGALURU MAHANAGARA PALIKE PRESENTLY GREATER BENGALURU AUTHORITY HUDSON CIRCLE, BENGALURU-560 002 REP. BY ITS CHIEF COMMISSIONER. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54570 WP No. 38456 of 2025 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE PRESENTLY GREATER BENGALURU AUTHORITY, K.R. PURAM SUB-DIVISION, BENGALURU-560 036. & RESPONDENTS (BY SRI. BOPANNA, AGA FOR R1; SRI PAVAN KUMAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 18.10.2025 PASSED IN APPEAL NO.285/2024 BY THE 2ND RESPONDENT AND CONSEQUENTLY SET ASIDE THE ORDER DATED 20.10.2023 VIDE BEARING NO.BBMP/SA.KA/K.R.PURA/U.VI./KAAA/PR/147/3/2023-24 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURES-A AND B 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 Learned Additional Government Advocate accepts notice for respondent no. 1. Sri. Pawan Kumar, learned counsel accepts notice for respondents 2 and 3. - 3 - HC-KAR NC: 2025:KHC:54570 WP No. 38456 of 2025 2. Petitioner has called in question the correctness of the order dated 18.10.2025, whereby the Chief Commissioner has dismissed the appeal of the petitioner filed under Section 253 of the Bruhath Bengaluru Mahanagara Palike Act, 2020 challenging the order passed under Section 248(3) of the Act on the ground of non- prosecution. 3. The extract of the order sheet is enclosed for reference. Taking note that the rights of petitioner are involved, it would be appropriate to afford one more opportunity for the petitioner to participate in the proceedings and for adjudication of his appeal on merits. 4. Accordingly, the order dated 18.10.2025 is set aside. Petitioner to pay cost to the respondent - BBMP of Rs.5,000/-. Consequently, the appeal before the Chief Commissioner stand restored. Petitioner to be present before the Chief Commissioner on 03.01.2026. It is made clear that petitioner is not to seek for unnecessary - 4 - HC-KAR NC: 2025:KHC:54570 WP No. 38456 of 2025 adjournment and co-operate in expeditious disposal of the appeal. Needless to state, interim order in the appeal, passed by the Chief Commissioner would stand restored. 5. Accordingly, petition is disposed of. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP