- 1 - HC-KAR NC: 2025:KHC:45810 WP No. 33853 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 33853 OF 2025 (LB-BMP) BETWEEN: 1. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560002 REPRESENTED BY ITS COMMISSIONER 2. THE ASSISTANT ENGINEER BEGUR SUB DIVISION NO.344, 7TH MAIN ROAD, DUO HEIGHTS LAYOUT, BEGUR BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560014 3. THE ASSISTANT EXECUTIVE ENGINEER BEGUR SUB DIVISION, BBMP DEVARACHICKKANAHALLI, BEGUR BRUHAT BENGALURU MAHANAGAR PALIKE BENGALURU-560014 …PETITIONERS (BY SRI. DESHPANDE AMIT ANAND, ADVOCATE) AND: 1. SMT. BHAGYA W/O RAMAMURTHY AGED ABOUT 62 YEARS RESIDING AT 60/51, CHIKKAKERE ROAD KUDULU VILLAGE, BEGUR HOBLI BENGALURU-560068 2. KARNATAKA APPELLATE TRIBUNAL 1ST FLOOR, M S BUILDING BENGALURU-560001. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45810 WP No. 33853 of 2025 REPRESENTED BY ITS REGISTRAR …RESPONDENTS (VIDE ORDER DATED 11.11.2025, NOTICE TO RESPONDENT NOS.1 AND 2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT COURT HALL NO.2, KARNATAKA APPELLATE TRIBUNAL, BENGALURU TO RECEIVE ADVANCEMENT APPLICATION AND TO FURTHER DIRECT TO RECEIVE THE WRITTEN ARGUMENTS ON BEHALF OF THE PETITIONER IN APPEAL NO.36/2021 VIDE ANNEXURE - C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct respondent No.2 - the Karnataka Appellate Tribunal, Bengaluru, to receive the advancement application and to receive the written arguments on behalf of the petitioners. 2. The petitioners contend that respondent No.1 had filed an appeal under Section 443-A of Karnataka Municipal Corporations Act, 1976 (henceforth referred to as 'Act, 1976' for short) challenging the confirmation order passed under Section 321(3) of the Act, 1976 before respondent No.2. The - 3 - HC-KAR NC: 2025:KHC:45810 WP No. 33853 of 2025 appeal was listed before the Tribunal on 13.10.2025 on which day the tribunal noticed that the petitioners and their counsel were absent, and therefore the tribunal took it that the petitioners had no arguments to advance and posted the matter for judgment on 19.11.2025. 3. The petitioners contend that they filed an application for advancement of the case to file their written arguments. However, the tribunal did not receive the said application on the ground that there was no provision enabling filing of such an application. 4. The learned counsel for the petitioners submitted that due to reasons beyond control of the petitioners, the counsel representing the petitioners could not be present when the case was taken up for arguments. He submits that in order to enable the petitioners to place their case on merits, an opportunity may be granted to them. 5. The tribunal is a quasi-judicial authority and is therefore bound to follow the principles of natural justice. When an application seeing advancement of hearing was filed, the tribunal ought to have considered the same so as to at least - 4 - HC-KAR NC: 2025:KHC:45810 WP No. 33853 of 2025 receive the written arguments of the petitioners. The refusal by the tribunal to receive the application and written arguments, therefore warrants interference. 6. Accordingly, the writ petition is allowed and the petitioners are permitted to submit the written arguments before the tribunal and tribunal shall consider the same and dispose off the appeal in accordance with law. Sd/- (R. NATARAJ) JUDGE HJ List No.: 3 Sl No.: 1