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 NOS.361 & 631-734 OF 2019 (LB-BMP) BETWEEN:
THE BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATION OFFICES N.R.SQUARE BENGALURU-560 002 REPRESENTED BY ITS COMMISIONER. ... APPELLANT (BY SRI. D.N. NANJUNDA REDDY, ADV. FOR SRI. V.SREENIDHI, ADV.) AND:
1. M/S. POPULAR ADVERTISERS A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027.
REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN.
2. M/S. THE BANGALORE OUTDOORS A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.32, AECS LAYOUT 2ND STAGE 2ND CROSS, SANJAYANAGAR RMV 2ND STAGE, BENGALURU-560 094. REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN 3. M/S. PRACHAR OUTDOOR ADVERTISING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 4. M/S. SAGAR MARKETING CORPORATION A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 5. M/S. SHRI POOJA MARKETING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI MANMOHAN SINGH MAAN 6. M/S LAKSHMI MARKETING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN 7. M/S. GALAXY MARKETING AND SALES CO.
A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN 8. M/S. LOTUS INFRASTRUCTURE A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN 9. M/S. SHRI SAI MARKETING A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN 10. M/S SFX OUTDOOR MEDIA A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN 11. M/S APOLLO INFRASTRUCTURE A PROPRIETARY BUSINESS CONCERN IN OUTDOOR ADVERTISEMENT AGENCY HAVING ITS OFFICE AT NO.400 ROYAL CORNER NO.1 & 2 LALBAGH ROAD BENGALURU-560 027 REPRESENTED BY ITS PROPRIETOR SRI. MANMOHAN SINGH MAAN. ... RESPONDENTS (BY SRI. V.B. SHIVAKUMAR, ADV.) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT,1961 PRAYING TO SET ASIDE THE ORDER DATED 6/2/2019 PASSED IN WP 36773/2018 BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE COURT.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The appellant/petitioner filed the appeals to set aside the order dated 06.02.2019 passed in W.P.Nos.36773-36777/2018 and W.P. Nos. 38748-
38847/2018 by the learned Single Judge.
2. It is the submission of learned counsel for the appellant that learned Single Judge vide order dated 06.02.2019 passed in W.P.Nos.36773-777/2018 and connected cases has quashed the resolution dated 06.08.2018 passed by the BBMP. He further submits that this Court vide order dated 07.02.2019 stayed the operation of the order of Hon’ble 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 as withdrawn.
3. Learned counsel for respondent No.1 who is the contesting party submitted that the appeals 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, appeals are allowed. The order dated 06.02.2019 passed in W.P.Nos.36773-36777/2018 and W.P. Nos. 38748-
38847/2018 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.
Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE JS/-