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2026 DAILYLAW 46419 (KAR)

SRI. A RAJKUMAR @ BABU v. THE COMMISSIONER

WP/21221/2018 · 2026-02-04

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6970 WP No. 21221 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21221 OF 2018 (LB-BMP) BETWEEN: SRI. A RAJKUMAR @ BABU AGED ABOUT 36 YEARS S/O. LATE. ANNAIYAPPA, R/AT. NO.9, OPP: FIRE STATION, KAIKONDARAHALLI, SARJAPURA ROAD, BANGALORE - 560035. …PETITIONER (BY SRI. S. KALYAN BASAVARAJ., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE - 560002. 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADAEVAPURA SUB-DIVISION, WARD NO.150 - BELLANDRU, BANGALORE - 560048. …RESPONDENTS (BY SRI. AMIT DESHPANDE., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT, DATED 11.10.2017 (PRODUCED AT ANNEXURE-B) AND CONSEQUENTLY THE ORDER OF THE DISMISSAL OF THE APPEAL DATED 06.04.2018 PASSED BY THE HON'BLE KARNATAKA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6970 WP No. 21221 of 2018 APPELLATE TRIBUNAL AT BANGALORE IN APPEAL NO.1176, (PRODUCED AT ANNEXURE-A) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue a writ of certiorari to quash the order passed by the 2nd Respondent, dated 11.10.2017 bearing No. SA:KA:NI:A(MAUV)C.O./03/2017-18, (produced at Annexure-B); and consequently the order of the dismissal of the Appeal dated 06.04.2018 passed by the Hon'ble Karnataka Appellate Tribunal at Bangalore in Appeal No.1176, (produced at Annexure-A); b. Pass any other order or direction as this Hon'ble Court may deem fit to grant in the circumstances of the case in the interest of justice and equity. 2. The impugned order dated 11.10.2017 at Annexure- B and order dated 06.04.2018 in Appeal at Annexure-A had been essentially passed on account of the petitioner not having produced the original documents. The petitioner has produced the original - 3 - HC-KAR NC: 2026:KHC:6970 WP No. 21221 of 2018 documents before this Court vide its memo dated 25.11.2025. 3. In that view of the matter, I am of the considered opinion that the original documents now having been produced, it would have to be considered by respondents and necessary orders passed thereon on merits. As such, I pass the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, order bearing No. SA:KA:NI:A(MAUV)C.O./03/2017-18 order passed dated 11.10.2017 passed by respondent No.2 at Annexure-B and order dated 06.04.2018 passed by the Hon'ble Karnataka Appellate Tribunal at Bangalore in Appeal No.1176 at Annexure-A are hereby quashed. iii. The matter is remitted to respondent No.2 for fresh consideration. - 4 - HC-KAR NC: 2026:KHC:6970 WP No. 21221 of 2018 iv. The original documents filed by the petitioner are directed to be returned by the registry by following due procedure. v. The petitioner shall appear before respondent No.2 without requirement of any further notice on 18.02.2026 at 2:30 PM. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 6