IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.11790/2013 (LB-BMP) BETWEEN:
Lakshmikanth.A., Aged about 40 years, S/o Dr.S.Arumugham, No.878, ‘Sri Prada’, 13th Main, Vinayaka layout, Nagarabhavi II Stage, Bengaluru – 560072.
(By Dr. S.Arumugham, Advocate) AND:
1. The Commissioner, Bruhath Bangalore Mahanagara Palike, Bengaluru – 560001.
…Petitioner 2. The Assistant Director (Papaa), Rajarajeshwarinagar Circle, B.B.M.P., Bengaluru – 560001.
...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 notice dated 25.02.2013 at Annx-T served by the respondents on the petitioner.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner has challenged the notice at Annexure-T calling upon the petitioner to take necessary steps as there has been violation of Section 344 of the Karnataka Municipal Corporations Act, 1976.
2. The case that is made out in the notice was that the petitioner had committed breach of law as regards possession of dogs.
3. The learned counsel for the petitioner has filed an affidavit and undertakes to ensure that he would look after the pets without causing nuisance.
4. The said undertaking is placed on record.
5. The learned counsel for the petitioner further submits that * breach in the compound wall would be * Corrected vide Court order dated 20.11.2019.
repaired appropriately so as to ensure dogs will not go outside the property of the petitioner.
6. The learned counsel for the respondent – BBMP submits that as long as there is adherence to the undertaking by way of affidavit the grievance made out in the notice would stand addressed.
7. Taking note of the said undertaking no further orders are required to be passed.
In the light of the same, petition is disposed off.
Sd/- JUDGE NS