IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.9737/2019(GM-KEB) BETWEEN MR UNO IQBAL AGED ABOUT 42 YEARS, SON OF MR MOHAMMED WAHAB, SOLE PROPRIETOR OF M/S UNO-IN QUALITY BUSINESS HOTELS, HAVING ITS PLACE OF BUSINESS AT NO.90 & 91/1, HOTEL SABHARWAL RESIDENCY K H ROAD (DOUBLE ROAD) OPPOSITE TO KSRTC OFFICE, BANGALORE-560027 (BY MS VAISHNAVI NAIK, ADVOCATE FOR MR KASHYAP N NAIK, ADVOCATE) AND ...PETITIONER 1. THE DEPUTY ELECTRICAL INSPECTOR BANGALORE SOUTH-1, HAVING HIS OFFICE AT NO.95, 1ST FLOOR, ABOVE CAFE COFFEE DAY, GANDHIBAZAR MAIN ROAD, BASAVANAGUDI, BANGALORE-560004 2. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) BESCOM S2, SUB-DIVISION, WILSON GARDEN, BANGALORE-560027 3. DEPUTY DIRECTOR FIRE EXTINGUISH KARNATAKA EMERGENCY SEVICES, FIRE DEPARTMENT, NO.3/1, ANNASWAMY MUDALIAR ROAD, NEAR LAKE, HERMIT COLONY, ULSOOR, BANGALORE-560042 4. MRS. KANWALJEET KAUR SABHARWAL W/O LATE JOGINDER SINGH SABHARWAL, AGED ABOUT 71 YEARS, R/AT NO.45/1, 11TH CROSS, WILSON GARDEN BANGALORE-560027 5. MR GURUPREET SINGH SABHARWAL S/O LATE JOGINDER SINGH SABHARWAL, AGED MAJOR, R/AT NO.45/1, 11TH CROSS, WILSON GARDEN BANGALORE-560027 …RESPONDENTS (BY MR MADHUSUDHAN R NAIK, SENIOR COUNSEL A/W MS NAGARATHNA, ADVOCATE FOR MR DINESH GAONKAR, ADVOCATE FOR R4 & R5 MS NILOUFER AKBAR, AGA FOR R1 & R3 MR H V DEVARAJU, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DTD:31.01.2019 ISSUED BY THE R-1 (ANNEXURE-A) AND THE IMPUGNED NOTICE DTD:20.02.2018 ISSUED BY THE R-2 UNDER THE INSTRUCTION OF THE R-3 (ANNEXURE-B) AND ALL PURSUANT ACTIONS THERETO AND ETC.
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 assailed the notice dated 31.01.2019 issued by the respondent No.1 as well the notice dated 20.02.2018 issued by the respondent No.2 under the instructions of the respondent No.3, whereby the power supply to the installation bearing R.R.No.MSS2P4991 of the petitioner-Sri Guru Preeth Singh Sabrawal (M/s.Hotel Sabrawal Residency) has been disconnected, as per the directions of the Deputy Director, Fire Extinguish Karnataka Emergency Services.
2. The statement of objections filed by the respondent No.3 would indicate that fire safety measures have not been taken in the building/premises in question and the status inspection report has been placed on record.
3. Learned Counsel for the petitioner would submit that the complaints reported as per the status inspection report have to be complied with, both by the owner and the tenant.
4. Learned Senior Counsel representing the learned Counsel for respondent Nos.4 and 5-owners of the property would submit that in the event of required compliance not made by the petitioner-tenant, the respondent Nos.4 and 5 may be permitted to comply with the same. With such observations, the matter may be disposed of. Learned Senior Counsel also submits that an undertaking to the said effect shall be filed by the respondent Nos.4 and 5 before this Court within two weeks.
5. The said submission is placed on record.
6. In terms of the status inspection report dated 06.07.2019 now submitted by the respondent No.3, the petitioner shall remove the deficiencies or shortcomings reported in the inspection report within a period of four weeks from the date of receipt of the certified copy of the order and if not complied with, respondent Nos.4 and 5 shall comply with the same in an expedite manner, in any event not later than four weeks from 23rd December 2019.
7. If such compliance is not made within the aforesaid period, the respondent-authorities are at liberty to take action against the respondents No.4 and 5 as well as the petitioner in accordance with law. Any other requirement may be complied with keeping in mind the safety of the public at large.
The petition stands disposed of in terms of the above.
Sd/- JUDGE JT/-