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2025 DAILYLAW 86553 (KAR)

THE COMMISSIONER v. SRI. G H NAGARAJ

WP/15488/2023 · 2025-10-29

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43058 WP No. 15488 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15488 OF 2023 (GM-PP) BETWEEN: 1. THE COMMISSIONER CITY MUNICIPAL COUNCIL CHIKKABALLAPUR CITY 562101 REPRESENTED BY SMT. PAMPASHREE U.P. …PETITIONER (BY SRI. VENKATARAMA REDDY L., ADVOCATE) AND: 1. SRI. G H NAGARAJ S/O LATE HANUMANTHARAYAPPA AGED ABOUT 76 YEARS THE PROPRIETOR M/S NAGAJYOTHI BAR AND RESTAURANT NO.497/385, WARD NO.21, SANTEMAIDANA, CHIKKABALLAPURA - 562101. …RESPONDENT (BY SRI. M.VEERABHADRAIAH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-B DATED 23/05/2023 PASSED BY THE III Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43058 WP No. 15488 of 2023 ADDL DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN MISC APPEAL NO.20/2021. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 23.05.2023 passed by the III Additional District and Sessions Judge, Chikkaballapura in Misc. Appeal No.20 of 2021, remanding the matter to the Commissioner, City Municipal Council, Chikkaballapura for fresh consideration. 2. Heard the learned counsel appearing for the parties. 3. Having heard the learned counsel appearing for the parties, as the Appellate Court, has remanded the matter to the Commissioner, City Municipal Council, Chikkaballapura, for fresh consideration, and - 3 - HC-KAR NC: 2025:KHC:43058 WP No. 15488 of 2023 therefore, I am of the opinion that, no interference be called for in this writ petition. However, the observation, if any made by the Appellate Court shall not influence the original authority-Commissioner, City Municipal Council, Chikkaballapura to take decision in the matter. All the contention of the parties are kept open. It is also made clear that, for early disposal of the dispute between the parties, the parties are directed to appear before the Commissioner, City Municipal Council, Chikkaballapura,/competent authority, on 01.12.2025 at 3 p.m. without waiting for further notice in this regard. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 12