- 1 - HC-KAR NC: 2025:KHC:29751 WP No. 9709 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.9709 OF 2024 (LB-BMP) BETWEEN: 1. VAISHNAVI INFRASTRUCTURE PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT 2/2, WALTON ROAD, OFF VITALMALYA ROAD, BANGALORE - 560 001 REPRESENTED BY AUTHORIZE SIGNATORY DGM PROPERTY MANAGEMENT, MR. RAJESH SHARMA, S/O LATE B N SHARMA, AGED ABOUT 60 YEARS. …PETITIONER (BY SRI. PRABHULING K NAVADGI, SENIOR COUNSEL FOR SMT. LATHA S. SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560 009. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29751 WP No. 9709 of 2024 3. 4. 5. ASSISTANT DIRECTOR (ANIMAL HUSBANDRY) MAHADEVAPURA ZONE, BBMP, BANGALORE-560 001. ANIMAL WELFARE BOARD OF INDIA MINISTRY OF FORESTS AND CLIMATE CHANGE, GOVERNMENT OF INDIA, NIAW CAMPUS, 42 MILE STONE DELHI- AGRA HIGHWAY NH-2 BALLABHGARH, HARYANA-121 004 REPRESENTED BY ITS CHAIRMAN. UNION OF INDIA MINISTRY OF FISHERIES ANIMAL HUSBANDRY AND DAIRYING KRISHI BHAWAN NEW DELHI-01 REPRESENTED BY ITS SECRETARY. [AMENDED VIDE COURT ORDERS DATED 08.04.2024 & 03.06.2024]. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDRU, AGA FOR R.1; SRI B.S. KARTHIKEYAN, ADVOCATE FOR R.2 AND R.3; SRI H. SHANTHI BHUSHAN, DSGI FOR R.4 AND R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE WITHDRAWAL ORDER DATED 25.03.2024 SENT BY RESPONDENT NO.3 THROUGH EMAIL AND CONFIRM THE ORDER DATED 15.02.2024 PASSED VIDE BBMP/AD(AH)/MZ/PR/115/2023-24 BY RESPONDENT NO.3 (ANNEXURES-A AND B), ETC. - 3 - HC-KAR NC: 2025:KHC:29751 WP No. 9709 of 2024 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 1. Petitioner is the developer of a Tech Park. It is submitted that there were certain stray dogs in the tech park. As there were a menace to the persons visiting the tech park, at the request of the petitioner, the order at Annexure-B dated 15.02.2024 came to be passed by respondent No.3 by which the stray dogs were relocated, subject to the petitioner paying costs. It is further submitted that the petitioner is paying the necessary costs to the shelter home as fixed by the Bruhat Bengaluru Mahanagara Palike authorities. However, without notice to the petitioner, the said order of relocation (vide Annexure- B to the writ petition) has been recalled and it has been communicated to the petitioner vide Annexure-A to the writ petition which is dated 25.03.2024 wherein the - 4 - HC-KAR NC: 2025:KHC:29751 WP No. 9709 of 2024 petitioner is instructed to bring back the stray dogs and manage them. Aggrieved by the same, the present writ petition is filed. 2. During the course of arguments, the learned counsel for the petitioner submits that if an opportunity of hearing is given, the petitioner would convince respondent No.3 as to why the communication is bad in law and cannot be sustained. 3. As the impugned communication is without notice to the petitioner and is not a speaking order, the same is liable to be set aside. Hence, the following: ORDER (i) The writ petition is allowed; (ii) The communication dated 25.03.2024 issued to the petitioner (vide Annexure-A to the writ petition) is hereby set aside; (iii) The matter stands remanded to respondent No.3 for reconsideration in accordance with law; (iv) The petitioner shall appear before respondent No.3 on 14.08.2025 at 3.00 p.m; (v) Respondent No.3 after hearing the petitioner shall pass appropriate orders in accordance with law; - 5 - HC-KAR NC: 2025:KHC:29751 WP No. 9709 of 2024 (vi) Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh.