IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.380 OF 2019 (LB-BMP) BETWEEN:
THE BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISIONER N.R.SQUARE BENGALURU-02. ... APPELLANT (BY SRI. D.N. NANJUNDA REDDY, ADV. FOR SRI. SREENIDHI V., ADV.) AND:
M/S. LAQSHYA MEDIA LTD (FORMERLY KNOWN AS LAQSHYA OUTDOORS) O/A 13/1, 2ND FLOOR 2ND MAIN, VYALIKAVAL BENGALURU-560003.
REP. BY ITS MANAGER SRI. NARASIMHA PRASAD S/O H.N.RAMESH AGED ABOUT 40 YEARS. ... RESPONDENT (BY SMT. FARAH FATHIMA, ADV.) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT,1961 PRAYING TO SET ASIDE THE ORDER DATED 6/2/2019 PASSED IN W.P.NO.42632/2018 BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE COURT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The appellant/petitioner has filed the appeal to set aside the order dated 06.02.2019 passed in W.P.No.42632/2018 by the learned Single Judge of this Court.
2. It is the submission of learned counsel for the appellant that learned Single Judge by order dated 06.02.2019 passed in W.Ps.No.42632/2018 and connected cases, has quashed the resolution dated 06.08.2018 passed by the BBMP. He further submits that this Court vide order dated 13.02.2019, stayed the operation of the order of Single Judge. Aggrieved by the order of stay granted by this Court, the respondents herein had preferred an appeal before the Hon’ble Supreme Court in Special Leave to Appeal (C) Nos.6511/2019 and the same has been dismissed of as withdrawn.
3. Learned counsel for respondent No.1 who is the contesting party submitted that the appeal may be allowed keeping open all the contentions of the parties, for which, learned counsel for the appellant submits that he has no objection.
4. In view of the above submissions, appeal is allowed. The order dated 06.02.2019 passed in W.P.No.42632/2018 is set aside. All contentions of the parties are kept open. The parties to the proceedings shall move the learned Single Judge for consideration of other aspects of the litigation that remain unaddressed.
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ACTING CHIEF JUSTICE Sd/- JUDGE JS/-