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.376 OF 2019 (LB-BMP) BETWEEN:
The Commissioner, Bruhat Bangalore Mahanagara Palike N.R.Square, Bangalore-560002. ... Appellant (By Sri.D.N.Nanjunda Reddy, Sr. Adv., for Sri.V.Sreenidhi, Adv., for appellant) AND:
1. In and out advertising Pvt., Ltd., A Company incorporated under the Companies Act, 1956 having its Office at No.408, Level-4, Prestige Centre Point, Cunningham Road, Bangalore-560052.
Represented by its General Manager, Sri.Girish Kumar S.A.
2. The Divisional Controller, Bangalore Metropolitan Transport Corporation, Traffic Commercial Dept., Divisional Offices, Central Division, Subhashnagar, Bangalore-560000. ... Respondents (By Sri. B.V.Shankara Narayana, Advocate for R1) ---
This Writ Appeal is filed under section 4 of the Karnataka High Court Act,1961 praying to set aside the impugned order passed by the Hon’ble Single Judge in writ petition No.40452/2018 dated 06.02.2019.
This Appeal coming on for orders this day, Acting Chief Justice, delivered the following:
JUDGMENT The appellant/petitioner has filed this appeal to set aside the common order dated 06.02.2019 passed in W.P.No.40452/2018 by the learned Single Judge.
2. It is the submission of learned counsel for the appellant that learned Single Judge by common order dated 06.02.2019 passed in W.P.Nos.40452/2018 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 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before the Hon’ble Supreme Court in Special Leave to Appeal (C) Nos.6511/2019, and the same has been dismissed as withdrawn.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 this 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, this appeal is allowed. Order dated 06.02.2019 passed in W.P.No.40452/2018 is set aside. All contentions of the parties are kept open to be urged before the Hon’ble Single Judge. 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 JS/-
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