IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.26815/2018 (LB-BMP) Between:
M/s. Mountain Trail Foods Pvt. Ltd., Having its Office at No.12, MPD Towers, 3rd and 4th Floor, 5th Block, Industrial Main Road, Koramangala, Bengaluru – 560 095, Represented by its Authorized Signatory Mr. Karthik Gowda. ... Petitioner (By Sri S. Rajashekar, Advocate) And:
1. Bruhat Bangalore Mahanagara Palike, N.R. Square, Bangalore – 560 002, Rep. by Commissioner.
2. The Assistant Executive Engineer, Bruhath Bengaluru Mahanagara Palike, 7th floor, Subash Chandra Bose Building, M.G. Road, Bengaluru – 560 001.
3. The Medical Officer of health, Shanthinagar Range, Ashoknagar, Bruhat Bengaluru Mahanagara Palike, Bengaluru – 560 025. ...Respondents (By Sri S.H.Prashanth, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent to consider the application dated 22.03.2018 vide application No.R18192203681937 vide Annexure-A, etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
ORDER The petitioner states that it had entered into a lease deed with respect to a property measuring 775 sq. ft. on the ground floor of the building known as HUM ATHOS situated at No.33/1, Has Athos Vittal Malya Road, Bengaluru into in order to establish a outlet known as “Chai Point”.
2. The petitioner states that an application was made to the BBMP on 11.6.2018 seeking for grant of Trade Licence and payment for a purpose of obtaining a licence has been made on 22.3.2018. It is further stated that the lease deed dated 15.6.2016 as well as the No Objection Certificates at Annexures-P and Q of the neighbors have also been submitted. However, it is submitted that no action has been taken on the said applications and the petitioner had filed the petition seeking for a direction to the respondents to consider the application of the petitioner for grant of trade licence.
3. During the Pendency of the proceedings, an endorsement has been issued dated 13.7.2018 copy of which is produced at Annexure-R whereby the respondent-BBMP has stated that in view of the interim order dated 27.6.2018 passed in this case, no further action could be taken in the matter.
4. The petitioner states that by virtue of Annexure-R, respondent - BBMP is not passing any orders on the application submitted by the petitioner.
5. The learned counsel for the BBMP states that if fresh application is given with required enclosures, the same would be considered in accordance with law and disposed of accordingly, 6. The petitioner to file an application in requisite form with Annexures to the BBMP within a period of one week from the date of release of this judgment.
7. The said application if complete with all compliance and documents required, could be considered and disposed of by the BBMP within a period of 4 weeks thereafter.
8. Accordingly, the petition is disposed of subject to the above observations.
Sd/- JUDGE RS/* ct:mhp