BBMP issued closure notices to two Peenya industrial units without deciding their replies; the High Court held the respondents could not press for closure without final orders, directed consideration of the replies, and restrained coercive action meanwhile.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 22014 OF 2024 (LB-BMP)
C/W
WRIT PETITION NO.21964 OF 2024 (LB-BMP)
IN W.P. No.22014 OF 2024
BETWEEN:
M/S MYNP ENTERPRISES R/O 35, 6TH MAIN, 6TH F CROSS, PEENYA 2ND STAGE, KEMPEGOWDA LAYOUT, BENGALURU 560058 REPRESENTED BY ITS MANAGING PARTNER
MR NIRANJAN
…PETITIONER
(BY SRI. K V SATEESHCHANDRA., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE)
- 2 - NC: 2024:KHC:36138 WP No. 22014 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE IMPUGNED NOTICE, BEARING NO. BBMP/DISPUTE/AY/PR/87/24-25 DTD 22.07.2024 ISSUED BY THE R-3, VIDE ANNEXURE-E.
IN W.P. No.21964 OF 2024 BETWEEN:
M/S SRI. BANASHANKARI INDUSTRIES R/O 40/115, 6TH MAIN, 6TH F CROSS, PEENYA 2ND STAGE, KEMPEGOWDA LAYOUT, BENGALURU 560058 REPRESENTED BY ITS PROPRIETOR MR. LAKSHMI PRASANNA P
…PETITIONER
(BY SRI. K V SATEESHCHANDRA., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. MALLIKARJUN REDDY K S., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
QUASH THE IMPUGNED NOTICE, BEARING NO. BBMP/DISPUTE/AY/PR/58/24-25 DTD 29.06.2024 ISSUED BY THE R-3, VIDE ANNEXURE-G.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners have filed this writ petitions seeking for quashing of the impugned notice dated 22.07.2024 issued by respondent No.3 vide Annexure-E n W.P.No.22014/2024 and impugned notice dated 22.07.2024 issued by respondent No.3 vide Annexure-G in W.P.No.21964/2024.
The petitioners' Industries were established in the year 2022 and 2023 respectively in the subject matter of the land. Respondent No.3 in both the petitions, without having the powers conferred under the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, ‘the Act’)
exercising its jurisdiction, issued a closure notices to the petitioners' industries and also other industries. The petitioners submitted a reply to the said notices. The respondents without passing any order on the said reply, pressurized the petitioners to close the industry. Hence, this writ petitions.
and also the learned counsel for the respondents.
and without giving an opportunity to the petitioners, have issued notices vide Annexure-E and Annexure-G respectively. Hence, the learned counsel for the petitioners submit that respondent No.3 have not provided any opportunity of hearing and even without considering the reply submitted by the petitioners, are making attempts to close the petitioners' industries. Hence, on these grounds, he prays to allow the writ petitions.
6. Though the petitioners have submitted a reply
to the said notices, the respondent - BBMP, in both the petitions, without passing any order on the reply, have issued the second notices insisting the petitioners to close
down the industry. Hence, the respondent - BBMP have no jurisdiction to insist the petitioners to close down the petitioners' industries without passing the final orders.
pass the following:
ORDER
against the petitioners' industries till passing of an order.
open.
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Could the Health Officer insist on closure of the petitioners' industries without passing a final order on their reply to the closure notices?
2 provisions across 2 enactments
M/S Mynp Enterprises
M/S Sri Banashankari Industries
Bruhath Bengaluru Mahanagara Palike
The Zonal Commissioner, BBMP Dasarahalli Zone
The Health Officer, BBMP Dasarahalli Zone
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
