IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.33182 OF 2019 (LB-BMP) BETWEEN:
Smt. Ashwini C.R. W/o Prasanna, Aged about 38 years, Franchisee of Five Star Chicken, Opp: Mandara Hotel, Nehru Road, BEML 3rd Stage, Rajarajeshwari Nagar, Bengaluru – 98.
Also at:
R/at House No.441, F Road, Ideal Homes Township, BEML Layout, Rajarajeshwari Nagar, Bengaluru – 98. ... Petitioner (By Sri. Sameer S.N., Advocate) AND:
1. State of Karnataka By its Chief Secretary, Room No.320, 3rd Floor, Vidhanasoudha, Bengaluru – 560 001.
2. The Commissioner Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560 001.
3. Assistant Executive Engineer Rajarajeshwari Sub-Division, Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560 098. … Respondents (By Sri. M.A. Subramani, HCGP for R1;
Smt. Saritha Kulkarni, Advocate for R2 & R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash Annexure-A notice issued by the Assistant Executive Engineer, Rajarajeshwari Sub Division Bruhat Bengaluru Mahanagara Palike, BBMP-R-3 u/s 308 of the Karnataka Municipal Corporations Act 1976 dated 10.07.2019 and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Learned Government Advocate is directed to take notice for respondent No.1.
Smt. Saritha Kulkarni, learned counsel is directed to take notice for respondent Nos.2 and 3.
2. In this petition, the petitioner has sought for the following reliefs:
a) a writ or order in the nature of certiorari quashing Annexure-A notice issued by the Assistant Executive Engineer, Rajarajeshwari Sub- Division, Bruhat Bengaluru Mahanagara Palike, BBMP-respondent No.3 under Section 308 of the Karnataka Municipal Corporations Act 1976 dated 10-7-2019 bearing No.Bru, Ben.Ma.Pa/Sa. Kaa.A/Ra Ra Na U V/PR/112/19-20;
b) Issue a writ in the nature of mandamus directing the respondent Nos.2 and 3 to consider the request of petitioner made in reply at Annexure-C dated 17.07.2019, to permit street vending or receipt of the rent;
c) Pass any order as this Hon’ble Court deems fit to grant in the facts and circumstances of this case in the ends of justice and equity.
3. What is challenged in the present writ petition is notice issued under Section 308 of the Karnataka Municipal Corporations Act. Pursuant to the notice, petitioner submitted a reply. Therefore, the writ petition filed by the petitioner is pre-mature. Hence, writ petition is not maintainable.
4. Under this circumstance, this Court can only issue a direction to respondent Nos.2 and 3 to consider the reply submitted by the petitioner to the notice at Annexure-A and pass an appropriate order in accordance with law.
With the above observations, the writ petition is disposed of.
MBM Sd/- JUDGE