Sri Guru Ballakkuraya v. Hotel Woodlands, Ashok Road, Tumkur Dist
Case at a glance
- Bench
- S ABDUL NAZEER
Outcome
Disposed of
petition is disposed of with a direction to the respondent to consider
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 44. Admittedly, the petitioner has filed objections to the said notice. The respondent has to consider the said objections and pass appropriate orders thereon in accordance with law. The writ petition is disposed of with a direction to the respondent to consider the objections filed…
Judgment
THE HON’BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NO.34302/2009 (LB-RES) Between: Sri Guru Ballakkuraya, Aged about 40 years, S/o late M.K.Ballakkuraya, Hotel Guru Woodlands and Hotel Woodlands, Ashok Road, Tumkur Dist. …. Petitioner. (By Sri A. Sanath Kumar, Adv. for M/s Kedilaya A/S, Advs.) And: The City Municipality, Reptd. by its Commissioner, Tumkur Dist. (Respondent served) --- …. Respondent. This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned endorsement dated 23.10.2009 issued by the respondent, etc. 2 This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court passed the following: ORDER Heard the learned Counsel for the petitioner. Though the respondent is served, it has remained unrepresented.
In this case, the petitioner has called in question the validity of the notice at Annexure ‘A’ dated 23.10.2009 whereby the respondent has called upon the petitioner to stop the hotel business run by him in the petition schedule premises. In the notice, the respondent has informed the petitioner that the building in question is in a dilapidated condition and there is a danger to the public in general and to the customers of the hotel in particular. The petitioner was called upon to file objections to the said notice along with the relevant documents.
On 23.11.2009, this Court has directed the parties to maintain status quo regarding the petition schedule premises. 3
Operative part
Admittedly, the petitioner has filed objections to the said notice. The respondent has to consider the said objections and pass appropriate orders thereon in accordance with law. The writ petition is disposed of with a direction to the respondent to consider the objections filed by the petitioner to the notice at Annexure ‘A’ and additional objections, if any, and pass appropriate orders thereon in accordance with law within a period of three months from the date of receipt of a copy of this order. Petitioner is permitted to file additional objections, if he so desires, within a period of seven days from the date of receipt of a copy of this order. All the contentions on merit are kept open. The interim order granted by this Court shall continue for a further period of four months from today or till the disposal of the matter as above, whichever is earlier. No costs. BMM/- Sd/- JUDGE.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of with a direction to the respondent to consider
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.