IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25590 OF 2017 (GM-TEN) BETWEEN:
SRI GANGANARASIMHAIAH S/O MADAIAH AGED ABOUT 58 YEARS PROPRIETOR OF SRI LAKSHMINARASIMHASWAMY ENTERPRISES NO.51 VINAYAKA NAGAR BASAVESHWARANAGAR BENGALURU-560 079.
(BY MR. PRAKASH M PATIL, ADV.) AND:
1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001.
2. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE N R SQUARE BENGLAURU-560 002.
3. THE JOINT COMMISSIONER (HEALTH) BRUHATH BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE … PETITIONER N R SQUARE BENGLAURU-560 002.
4. THE HEALTH OFFICER (WEST) BBMP BHASHYAM PARK SAMPIGE ROAD SHESHADRIPURAM BENGALURU-560 003.
5. L KRISHNAMURTHY ENTERPRISES NO.439 5TH MAIN 6TH CROSS MADHESWARA TEMPLE ROAD RANGANATHAPURA MAGADI ROAD GOVINDARAJA NAGARA BANGALORE-79.
(BY MR. VIJAY KUMAR A PATIL, AGA FOR R-1 MR. K N PUTTEGOWDA, ADV. FOR R-2 TO 4, R5 SERVED AND UNREPRESENTED) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE LETTER DTD.29.3.2017 SIGNED AND ISSUED BY R.RAMILA UMASHANKAR ADDRESSED TO THE R-4 VIDE ANNEX-C AND THE LETTER DTD.7.4.2017 SIGNED AND ISSUED BY SMT.MADHUKUMARI VAGHEESH, BBMP CORPORATOR OF MARENAHALLI WARD 125 VIDE ANENX-D RECOMMENDING TO CANCEL THE PETITIONER'S WORK ORDER AND TO ISSUE THE WORK ORDER IN FAVOUR OF THE R-5 AS ILLEGAL, NULL AND VOID.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Prakash M.Patil, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent No.1.
Mr.K.N.Puttegowda, learned counsel for respondent Nos.2 to 4.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Issue writ order or direction in the nature of mandamus declaring the letter dated 29.03.2017 bearing No.JD(S)Nayakaru/PROCEEDING123/ 2017 signed and issued by R.Ramila Umashankar addressed to the 4th respondent vide Annexure-C and the letter dated 7.4.2017 signed and issued by Smt.Madhukumari Vagheesh, BBMP Corporator of Marenahalli Ward 125 vide Annexure- D recommending to cancel the petitioner’s work order and to issue the work order in favour of the 5th respondent as illegal, null and void.
(ii) Issue writ order or direction in the nature of mandamus deicing the respondent No.2 to 4 to act fairly, properly and judiciously while taking any decision pertaining to the petitioner’s work order bearing No.JAA(AA)/PR 1339/2016-17 dated 28.06.2016 issued by the 3rd respondent vide Annexure-A without being prejudiced by the letter, recommendation and pressure mounted by the local corporators.
4. From perusal of the petition, it is evident that the petitioner inter alia seeks a writ of mandamus for declaring the letter dated 29.03.2017 signed by one R.Pramila Umashankar and letter dated 07.04.2017 signed by one Smt.Madhukumari Vagheesh, Corporator requiring to transfer the petitioners work order. In the considered opinion of this Court, if the contract of the petitioner has been cancelled, the petitioner is to take recourse to such remedy as may be available to him under law.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS