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2025 DAILYLAW 74462 (KAR)

TOBBY SIMON v. THE STATE OF KARNATAKA

WP/24838/2025 · 2025-11-19

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47769 WP No. 24838 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24838 OF 2025 (LB-BMP) BETWEEN: TOBBY SIMON AGED 60 YEARS, SON OF P.S SIMON, HAVING OFFICE AT UNIT NO.101, 1ST FLOOR, EMBASSY DIAMANTE, NO.34, VITTAL MALLYA ROAD, BANGALORE-560001. …PETITIONER (BY SRI. AJAY RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF TOWN PLANNING AND URBAN DEVELOPMENT, VIKASA SOUDA, BANGALORE-01. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADVOCATE FOR RESPONDENT NO.1; SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47769 WP No. 24838 of 2025 RESPONDENT TO CONSIDER THE REPRESENTATION DATED 10.06.2025 AS ANNEXURE-A FILED BY THE PETITIONER. 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 petitioner has sought for a writ in the nature of mandamus to direct respondent No.2 to consider the representation dated 10.06.2025. 2. It is the case of the petitioner that this Court in W.P. No.3676/2008 and W.P.No.43472-43474/2011 had directed action to be initiated in respect of commercial establishments which are prohibited under the Revised Master Plan, 2015. 3. The learned counsel for the petitioner contends that some establishments in Richmond town are also undertaking commercial activities even though the road width is less than 40 feet. He submits that the petitioner has submitted representation before respondent No.2 to initiate action and that the respondent No.2 has not taken any action. He - 3 - HC-KAR NC: 2025:KHC:47769 WP No. 24838 of 2025 therefore prays for a direction to respondent No.2 to consider the representation. 4. Learned counsel for respondent No.2 after accepting notice submitted that respondent No.2 would consider the representation of the petitioner in accordance with law. 5. In view of the above submission, this writ petition is disposed off. The concerned officer shall consider the representation of the petitioner in accordance with law, which at any rate shall not be beyond three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 29