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2025 DAILYLAW 68760 (KAR)

M/S SLN SAMRUDHI RESIDENTS WELFARE ASSOCIATION v. CHIEF COMMISSIONER

WP/17287/2025 · 2025-08-06

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30585 WP No. 17287 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17287 OF 2025 (LB-BMP) BETWEEN: 1. M/S SLN SAMRUDHI, RESIDENTS WELFARE ASSOCIATION 3RD CROSS RIGHT, ALFA GARDENS KODIGEHALLI MAIN ROAD AYYAPPANAGAR K R PURAM, BENGALURU-560 036 REPRESENTED BY ITS PRESIDENT VEDANTAM VENKATA MANOJ KUMAR S/O VENKATAM LALITHA RAMA KUMAR …PETITIONER (BY SRI. VINOD REDDY, ADVOCATE FOR SRI. SHIVAGONDAPPA SUBHASHCHANDRA, ADVOCATE) AND: 1. CHIEF COMMISSIONER BBMP, N R SQUARE BENGALURU-560 002. 2. ZONAL COMMISSIONER HOODI SUB-DIVISION BBMP, BENGALURU-560 048. 3. ASSISTANT EXECUTIVE ENGINEER HOODI SUB DIVISION BBMP., BENGALURU-560 048. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30585 WP No. 17287 of 2025 4. EXECUTIVE ENGINEER HOODI SUB DIVISION BBMP, BENGALURU - 560 048. 5. POLICE INSPECTOR K R PURA POLICE STATION BENGALURU - 560 036. 6. BESCOM E-7, K R PURA SUB-DIVSIION BESCOM DURAVANINAGAR BENGALORE -560 036 ALSO AT K R CIRCLE BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR. 7. BENGALORE WATER SUPPLY AND SEWERAGE BOARE (BWSSB) CAUVERY BHAVAN, KEMPEGOWDA ROAD BENGALURU-560 009 REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. VAIBHAV RAVI MALIMATH, ADVOCATE FOR R.1 TO R.4; SMT. SPOORTHI V., HCGP FOR R.5; SMT. G.K. BHAVANA, ADVOCATE FOR R.6; SRI K.B. MONESH KUMAR, ADVOCATE FOR R.7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 13.06.2022 VIDE ORDER NO.BBMP/AEE/HSD/W.54/16/2022-23 AS PER ANNEXURE-A, - 3 - HC-KAR NC: 2025:KHC:30585 WP No. 17287 of 2025 AND ORDER DATED 27-02-2025 AS PER ANNEXURE-B VIDE ORDER NO.A.E.E(E)/E7/A.E(THA)/2024-25/2182, ISSUED BY RESPONDENT NOS.3 AND R.6, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER In this writ petition, the impugned order is passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 by respondent No.3-Assistant Executive Engineer, Bruhat Bengaluru Mahanagara Palike, who has no authority to pass the same. It is respondent No.2- Zonal Commissioner, who has the authority to pass the same. Hence, on this short ground, the impugned order dated 13.06.2022 (vide Annexure-A to the writ petition) passed by respondent No.3 is hereby set aside. Liberty is given to respondent No.2 to initiate appropriate - 4 - HC-KAR NC: 2025:KHC:30585 WP No. 17287 of 2025 proceedings against the petitioner and pass appropriate orders in accordance with law. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 2 Sl No.: 19