Disposed

Eshwara Engineers v. State of Karnataka

Karnataka HC21 Sept 2024WP/26028/2024

Case brief

AI extract

What is this about?

BBMP's Health Officer locked the petitioner's business premises after issuing a closure notice without awaiting a reply or passing a final order. The court held the locking illegal and unauthorized, treated the notice as a show cause notice, directed its unsealing and permitted a reply within fifteen days.

What did the court decide?

Petition disposed; Annexure-C treated as show cause notice; premises to be unlocked by 23.09.2024; petitioner may reply within 15 days.

Eshwara Engineers Vs State of Karnataka — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:39069 WP No. 26028 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 26028 OF 2024 (LB-BMP)

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BETWEEN:

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ESHWARA ENGINEERS REPRESENTED BY ITS MANAGING PARTNER, RAGHU B A, R/O NO.294, 1^ST CROSS, KEMPEGOWDA LAYOUT, RAJGOPALNAGARA, BANGALORE, KARNATAKA-560058

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…PETITIONER

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(BY SRI. HARSHAVARDHANA M.R., ADVOCATE FOR SRI. SURENDRA Y S., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA

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REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT R/O VIKASA SOUDHA, DR BR AMBEDKAR VEEDHI, BANGALORE-560001

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BRUHATH BANGALORE MAHANAGARA PALIKA R/O HUDSON CIRCLE, BANGALORE-560001 REP. BY ITS COMMISSIONER

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THE ZONAL COMMISSIONER BBMP DASARAHALLI ZONE, R/O JAIN TEMPLE ROAD, PRASHANTH NAGAR,

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NC: 2024:KHC:39069 WP No. 26028 of 2024

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DASARAHALLI, BANGALORE-57

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THE HEALTH OFFICER BBMP DASARAHALLI ZONE, R/O MEI LAYOUT, BAGALAKUNTE, HESARGHATTA MAIN ROAD, BANGALORE- 560073

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…RESPONDENTS

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(BY SMT. SPOORTHI V. HCGP FOR R1 SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R4)

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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/67/24-25 DTD 6.07.2024 ISSUED BY THE R-4 VIDE ANNX-C AND ISSUE DIRECTION TO RELEASE THE LOCKED OUT PORTION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioner has filed this writ petition challenging the impugned notice dated 06.07.2024 issued by respondent No.4 vide Annexure-C in F.R.No.26177/2024.

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3 - NC: 2024:KHC:39069 WP No. 26028 of 2024

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The brief facts leading rise to filing of this writ petition are as under:

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The petitioner is s registered company which is under the name and style of Eshwara Engineering and is engaged in the business of manufacturing of office machinery and equipment. Respondent No.4 without having powers conferred under the Bruhath Bengaluru Mahanagara Palike Act, 2020 initiated an enquiry against the petitioner. The petitioner has issued notice dated 06.07.2024 vide Annexure-C. The petitioner without submitting a reply to the notice vide Annexure-C, has filed this writ petition. It is contended that by virtue of impugned Annexure-C, respondent No.4 has locked the premises. Hence, prayed to allow the writ petition.

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Heard the learned counsel for the petitioner and

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also learned counsel for the respondents.

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Learned counsel for the petitioner submits that respondent No.4 issued a notice vide Annexure-C directing

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4 - NC: 2024:KHC:39069 WP No. 26028 of 2024

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the petitioner to closedown the business. He submits that no opportunity was provided to the petitioner to submit a reply. He also submits that without passing the final order, respondent No.4 has locked the premises. The action of respondent No.4 to lock the premises is arbitrary and illegal. Hence, on these grounds, prays to allow the writ petition.

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Per contra, learned counsel for the respondent

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BBMP submits that the notice vide Annexure-C may be treated as show cause notice and liberty be reserved to the petitioner to submit a reply within a reasonable time, respondent No.4 considering the reply will pass an order. Hence, prayed to dispose of the writ petition.

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Perused the records and considered the

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submissions of the learned counsel for the parties.

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Admittedly, the petitioner is carrying on a business in the property in question after obtaining necessary permission from the competent authority.

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5 - NC: 2024:KHC:39069 WP No. 26028 of 2024

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Respondent No.4 on the complaint of the localities issued a notice vide Annexure-C, whereas the petitioner did not replied to Annexure-C. The petitioner without submitting a reply to the notice filed this writ petition. The writ petition filed by the petitioner is premature. Respondent No.4 without passing the final order has no authority to lock the premises. The action of respondent No.4 in locking the premises is illegal and unauthorized. Further, no opportunity is provided to the petitioner to reply to the notice vide Annexure-C.

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In view of the same, the writ petition is disposed of treating Annexure-C as show cause notice and liberty is reserved to the petitioner to submit a reply to the show cause notice, within a period of 15 days from today and thereafter, respondent No.4 shall consider the reply and pass appropriate order, in accordance with law.

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NC: 2024:KHC:39069 WP No. 26028 of 2024

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Respondent No.4 is directed to open the lock of

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the premises on or before 23.09.2024.

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All the contentions of the parties are kept open.

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Sd/(ASHOK S.KINAGI) JUDGE

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SSB

Eshwara Engineers v. State of Karnataka

Case brief

What is this about?

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Eshwara Engineers v. State of Karnataka

Case brief

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What did the court decide?

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