IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.23193/2019(LB-BMP) BETWEEN:
M/S PRECIOUS PET SERVICES PRIVATE LIMITED NO.505/32, OPP.SANKY TANK LAKE SADASHIVANAGAR, BANGALORE-560 080 REPRESENTED BY ITS BUSINESS DEVELOPMENT MANAGER SRI.SANDEEP ATMARAM.
... PETITIONER (BY SRI.MANOHAR.N., ADV. ) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER OF BBMP BRUHAT BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, NR SQUIRE BENGALURU-560 002.
3. THE MEDICAL HEALTH OFFICER BBMP, 15TH CROSS ROAD NEAR IPP, MALLESWARAM DIVISION BENGALURU-560 003.
... RESPONDENTS (BY SRI. AMIT DESHPANDE., ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED:14.05.2019 (ANNEXURE-H) PASSED BY THE RESPONDENT NO.3 AS ARBITRARY, CAPRICIOUS, UNJUST ILLEGAL AND VIOLATIVE OF PRINCIPALES OF NATURAL JUSTICE AND DIRECT TO RESPONDENT NO.3 TO ALLOW THE PETITIONER RUN THE BUSINESS IN THE PREMISES HENCE FORTH IN THE INTEREST OF JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner has challenged the order dated 14.5.2019 passed by the respondent No.3 vide Annexure-H.
2. The only ground raised by the petitioner is that while passing the said order dated 14.5.2019, the respondent No.3 has not given any opportunity to the petitioner. Hence, the said order is violating the principles of natural justice.
3. On the other hand, the learned counsel appearing for the Corporation has submitted that the respondent-Corporation has issued notice to the petitioner. Inspite of that, he has not appeared before the authority.
4. In view of the above and in the interest of justice and by giving one more opportunity to the petitioner, the following order is passed:
a) The impugned order dated 14.5.2019 vide Annexure-H is hereby quashed;
b) The matter is remanded to the respondent No.2 to decide the case afresh;
c) The petitioner is directed to be present before the respondent No.2 on 13.8.2019 @ 3.00 p.m. and furnish all relevant documents;
d) The respondent No.2 shall consider the same and pass orders in accordance with law within a period of one week from 13.8.2019 but not later than 20.8.2019;
e) If the petitioner does not appear on 13.8.2019, the respondent No.2 shall proceed to pass orders on merits in accordance with law within one week from the said date but not later than 20.8.2019.
Accordingly, the writ petition is disposed of in terms of the above observations and directions.
Sd/- JUDGE DM