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.29542/2019(LB-BMP) BETWEEN:
1. SRI. AMAL MAITI S/O SRI. SWADESH MAITI AGED ABOUT 35 YEARS OCCUPATION:BUSINESS 2. SRI.JAYANTA KUMAR MAITY S/O SRI. SWADESH MAITI AGED ABOUT 34 YEARS BOTH ARE R/AT NO.9 3RD FLOOR, 23RD CROSS CUBBONPET, BANGALORE-560 002.
... PETITIONERS (BY SRI.UDHAY KUMAR G., ADV. ) AND 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU-560 002.
2. THE ASSISTANT EXECUTIVE ENGINEER KEMPEGOWDA SUB-DIVISION & DELEGATE AUTHORITY OF THE COMMISSIONER NEAR MECRI CIRCLE BRUHAT BANGALORE MAHANAGARA PALIKE BENGALURU-560 002.
... 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 ORDER DATED: 28.06.2019 MADE ON I.A.NO.2/2019 IN APPEAL NO.593/2019 BEFORE THE KARNATAKA APPELLANT TRIBUNAL AT BANGALORE AS PER ANNEXURE-A AND ALLOW THE APPLICATIONS IN IA.NO.2/2019 IN APPEAL NO.593/2019.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed challenging the order dated 28.6.2019 passed on I.A.No.2/2019 in appeal No.593/2019 before the Karnataka Appellate Tribunal whereby the Tribunal has adjourned the matter for consideration of the said application.
2. Brief facts of the case is that the petitioner is the owner of the property bearing No.51 measuring 266.4 sq.ft., situated in CubbonPet Main Road. On 1.2.2013, the respondent-Corporation has passed a provisional order under Section 321(1) of the Karnataka Municipal Corporation Act, 1976 (for short “the said Act”) vide Annexure-F. Thereafter, the Corporation has issued notice under Section 321(2) of the said Act vide Annexure-G. Subsequently, the confirmation order has been passed on 13.2.2019 by the respondent- Corporation under Section 321(3) of the said Act vide Annexure-G. Being aggrieved by the same, the petitioner has preferred an appeal before the Karnataka Appellate Tribunal under Section 443-A of the Karnataka Municipal Corporation Act, 1976. Along with the appeal, an application for stay has been filed. The Tribunal by order dated 28.6.2019, adjourned the matter to 22.7.2019 for consideration of stay application i.e., I.A.No.2/2019 only after hearing the respondents. Being aggrieved by the same, the petitioner is before this Court.
3. The learned counsel appearing for the respondent-Corporation has submitted that on the next date of hearing, the respondent-Corporation will be represented by the counsel in Appeal No.593/2019 filed by the petitioner and will go on with the matter.
4. In view of the above submission, the Karnataka Appellate Tribunal is directed to consider the application of the petitioner i.e., I.A.No.2/2019 on the next date of hearing. If the petitioner has any threat from the respondent- Corporation of executing the impugned order before the Tribunal, he can move for preponement of the case before the Tribunal after informing the corporation.
5. With the above observations, the petition is disposed of.
Sd/- JUDGE DM