IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.14431/2019 (LB-BMP) Between:
M/s Indus Towers Ltd., No.12, Tower-D, 7th Floor, Subramanya Arcade, Bannerghatta Road, Bangalore – 29, Represented by its Authorized Signatory Sri. Azeez K.A. ... Petitioner (By Sri Rohith B.J., Advocate) And:
1. The Commissioner, BBMP, Bangalore – 560001.
3. The Assistant Executive Engineer, C.V. Raman Nagar Sub-Division, 2nd H Main Road, Kasturinagar Park, Kasturi Nagar, Bengaluru – 38. ... Respondents (By Sri S.N. Prashanth Chandra, Advocate for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 22.03.2019 issued by the R-2 herein produced herewith as Annexure-J.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The petitioner has challenged the order passed under Section 321(3) of the Karnataka Municipal Corporation Act, 1976. It is noticed that as against the said order, an appeal would lie to the Karnataka Appellate Tribunal under Section 443(A) of the Act. In the light of the same, the petitioner is directed to avail the appellate remedy as against the order at Annexure-J.
2. The appeal to be presented within a period of 15 days. Till then, the order at Annexure-J would be kept in abeyance. On registration of the appeal, the Karnataka Appellate Tribunal to consider grant of interim relief independently on its merits.
Accordingly, the petition is disposed off.
Sd/- JUDGE MGN