IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5501 OF 2018 (GM-PP) BETWEEN:
THE COMMISSIONER, BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-01. ... PETITIONER (BY SRI.H.DEVENDRAPPA, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION, VIDHANA SOUDHA, BENGALURU-01.
2. SRI.M.KASI, S/O.P.MUNISWAMY, AGED ABOUT 48 YEARS, NO.13, CART STAND ROAD, JOLLY MOHALLA, NEW THARAGUPET, BANGALORE-560 002. ... RESPONDENTS (BY SRI.SRIDHAR.N.HEGDE, HCGP FOR R1; SRI.K.GAJENDRA VASU, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE V ADDL. CITY CIVIL JUDGE, BENGALURU IN M.A.NO.73/2006 DTD:8.6.2016 VIDE ANNEXURE-E AND CONSEQUENTLY ALLOW THE W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.H.Devendrappa, learned counsel for the petitioner.
Sri.Sridhar N. Hegde, learned High Court Government Pleader, learned counsel for the respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner interalia seeks for a writ of certiorari for quashment of the order dated 08.06.2016 passed by V Additional City Civil Judge, Bengaluru under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner – Corporation has passed a resolution and has submitted the same for approval of the State Government and a direction be issued to the State Government to take action on the aforesaid resolution.
4. Sri.Sridhar N. Hegde, learned High Court Government Pleader submits that suitable action on the aforesaid resolution in accordance with law shall be taken.
5. In view of the submissions made and in the facts of the case, the petition is disposed of with a direction to the Competent Authority to take a decision on the resolution submitted by the petitioner by a speaking order in accordance with law, within a period of two months from the date of certified copy of the order passed today.
It is made clear that this Court has not express any opinion on the merits of the case.
Sd/- JUDGE GH