Allowed

M/S Control Engineers v. the Commissioner

Karnataka HC28 Oct 2024WP/13134/2024

Case brief

AI extract

What is this about?

BBMP cancelled the petitioner's testing-unit trade licence citing residential-zone location on a 20-feet road and noise emissions. The High Court quashed the cancellation order as passed without reference to the actual nature of the business or permitted use under RMP 2015 and Zonal Regulations, with liberty to respondents to act after verification.

What did the court decide?

Cancellation order dated 06.02.2023 quashed; petitioner entitled to renewal of trade licence subject to further proceedings; liberty to respondents to act after verification.

M/S Control Engineers Vs the Commissioner — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:43404 WP No. 13134 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF OCTOBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 13134 OF 2024 (LB-BMP)

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BETWEEN:

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M/S CONTROL ENGINEERS REPRESENTED BY ITS PROPRIETOR, T S PAUSKAR, S/O MR S V PAUSHKAR, AGED ABOUT 57 YEARS, NO. 7^TH CROSS, AGRAHARA DASARAHALLI, BANGALORE-560079.

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…PETITIONER

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(BY SMT. SUMANGALA A SWAMY.,ADVOCATE)

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AND:

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, HEAD OFFICE, N R SQUARE, BANGALORE-560001.

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THE MEDICAL OFFICER (WEST) GOVINDARAJNAGAR RANGE, PALIKE SOUDHA, 14^TH CROSS, CHANDRA LAYOUT, BBMP, BANGALORE-560040.

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THE ASSISTANT EXECUTIVE ENGINEER BESCOM N3 SUB DIVISION, BASAVESHWARANAGAR,

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NC: 2024:KHC:43404 WP No. 13134 of 2024

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BANGALORE-560079.

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…RESPONDENTS (BY SRI. KARTHIKEYAN B S., ADVOCATE FOR R1 AND R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TOa) QUASHING THE ORDER DATED 06.02.2023 BERING NO. A a (pa) pi R 624/2022-2023 PASSED BY THE 2^ND RESPONDENT CANCELLING THE TRADE LICENSE OF THE PETITIONER PRODUCED AT ANNEXURE -G.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner, who assertedly runs a Testing Unit in property No.10, 7^th Cross, Agrahara, Dasarahalli, Bengaluru - 560 079, is issued with a Trade Licence on 31.03.2024 and the petitioner is aggrieved by the second respondent's Office Order dated 06.02.2023 [ Annexure-G] . The second respondent by this order has cancelled the petitioner’s trade licence after writing to the BESCOM

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NC: 2024:KHC:43404 WP No. 13134 of 2024

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for cancellation of the electricity essentially on the ground that he is not permitted to conduct his business in a property within the residential zone that abuts only 20 feet wide road. The second respondent has also referred to noise emissions.

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The petitioner contends that he only attends to testing and repairing electrical gadgets and has availed one HP power supply and that this would be a permissible activity in a residential zone. The Impugned Order is issued without reference to the actual nature of the petitioner’s business and without reference to the permitted use according to the RMP 2015 and the relevant Zonal Regulations. Therefore, this Court is of the considered view that the petition must succeed but with liberty to the respondents to take appropriate action after verifying the actual nature of the petitioner’s business and due compliance thereof with the Zonal Regulations. Hence, the following:

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4 - NC: 2024:KHC:43404 WP No. 13134 of 2024

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ORDER

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The petition is allowed quashing the Office Order dated 06.02.2023 [ AnnexureG ] issued by the second respondent but with liberty to take action after due verification. The petitioner consequentially shall be entitled for renewal of trade licence subject to further proceedings and orders.

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Sd/(B M SHYAM PRASAD) JUDGE

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SA ct:sr

M/S Control Engineers v. the Commissioner

Case brief

What is this about?

What did the court decide?

M/S Control Engineers v. the Commissioner

Case brief

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What did the court decide?

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