MUNESHWARASWAMY TEMPLE TRUST v. THE BRUHATH BENGALURU MAHANAGARA PALIKE
WP/8247/2018 · 2026-02-18
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12113 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12113 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10065 WP No. 8247 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.8247 OF 2018 (LB-BMP)
BETWEEN:
1.
MUNESHWARASWAMY TEMPLE TRUST NO.105, 3RD CROSS, I STAGE, ADDITIONAL HOSAKEREHALLI VILLAGE GIRINAGAR, BENGALURU-560 085 REP BY ITS PRESIDENT SRI KASHIPATHI AGED ABOUT 90 YEARS, S/O KUNNAIAH.
…PETITIONER (BY SMT. VEENA T.N., ADVOCATE)
AND:
1.
THE BRUHATH BENGALURU MAHANAGARA PALIKE BY ITS COMMISSIONER HUDSON CIRCLE BENGALURU-560 027.
2.
THE HEALTH OFFICER BASAVANAGUDI DIVISION BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU-560 028.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10065 WP No. 8247 of 2018
3.
BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER KUMARA PARK BENGALURU-560 020.
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R.1 & R.2;
SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R.3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 15.02.2018 MADE IN NO.D.ªÉÊ.(§UÀÄ)(zÀ)¦Dgï/290/17-18, PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this court seeking the following reliefs:
"A. Issue a writ of certiorari quashing the notice dated 15.02.2018 made in No.D.ªÉÊ.(§UÀÄ)(zÀ)¦Dgï/290/17-18, passed by the 2nd Respondent vide ANNEXURE-A.
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HC-KAR NC: 2026:KHC:10065 WP No. 8247 of 2018
B. Pass such other order or orders as deemed fit by this Hon'ble Court in the facts and circumstances of the case in the interest of justice and equity."
2. What is essentially in challenge is a notice which has been issued by respondent No.2 to the petitioner. The submission of the learned counsel for the petitioner is that a reply had been issued to the said notice way back on 17.02.2018, and this Court, vide order dated 21.02.2018 had called upon the respondent to pass necessary orders thereon after giving an opportunity of hearing to the petitioner. The submission of the learned counsel for the petitioner is that there is no order which has been passed till date. If that be so, the said notice issued in the year 2018 cannot be sustained.
3. In that view of the matter, I pass the following order. (i) The writ petition is allowed. A certiorari is issued. (2) The notice dated 15.02.2018 issued by respondent No.2 at Annexure-A is quashed reserving liberty to respondent No.2 to issue a fresh notice as per law applicable as on today and provide an opportunity to the petitioner to reply to the same as also hearing to the petitioner as
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HC-KAR NC: 2026:KHC:10065 WP No. 8247 of 2018
directed vide
order of this Court dated 21.02.2018 in the present matter and pass necessary orders.
SD/- (SURAJ GOVINDARAJ) JUDGE
hkh. List No.: 2 Sl No.: 39