Writ Petition No. 40857 of 2018 · The High Court
Case Details
HC-KAR - 1 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 40857 OF 2018 (LB-BMP) C/W WRIT PETITION NO. 39760 OF 2018 (LB-BMP), WRIT PETITION NO. 39996 OF 2018 (LB-BMP), WRIT PETITION NO. 40615 OF 2018 (LB-BMP), WRIT PETITION NO. 40832 OF 2018 (LB-BMP), WRIT PETITION NO. 40846 OF 2018 (LB-BMP) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA IN WP No. 40857/2018 BETWEEN: M/S. MASS ADVERTISING REP. BY ITS PROPRIETOR SYED HAMID MOHSIN, S/O SYED ABDUS SALAM, R/AT NO.5/1,G.C. RICH HOMES, RICHMOND ROAD, BANGALORE – 560 025.
Legal Reasoning
(BY SMT. SIRI. R, ADVOCATE FOR SRI. SARAVANA.S, ADVOCATE) AND: 1. BANGALORE MAHANAGARA PALIKE CORPORATION OFFICES, N.R. SQUARE, J.C. ROAD, BANGALORE – 560 002. REPRESENTED BY ITS CHAIRMAN. …PETITIONER HC-KAR - 2 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER 2. THE COMMISSIONER BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, J.C. ROAD, BANGALORE – 560 002. 3. THE JOINT COMMISSIONER (EAST ZONE) BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 001. 4. THE JOINT COMMISSIONER (WEST ZONE) BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 002. 5. THE JOINT COMMISSIONER (SOUTH ZONE) BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 002. 6. BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) REPRESENTED BY ITS MANAGING DIRECTOR K.R.CIRCLE, AMBEDKAR VEEDHI, BANGALORE – 560 002. (BY SRI. AMIT DESPHANDE, ADVOCATE FOR R1 TO R5; SMT. SUMANA NAGANAND, ADVOCATE FOR R6) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF THE 2ND, 3RD, 4TH RESPONDENTS AND TO QUASH THE ORDERS IN CASE NO. JCEAST/ARO/SN/W117/2 DATED 29.08.2018 PASSED BY THE RESPONDENT NO.3 VIDE DATED ANNEXURE-J1, 29.08.2018 PASSED BY THE RESPONDENT NO.3, VIDE ANNEXURE- J2 AND ETC., NO.JCEAST/ARO/SN/W117/3 CASE HC-KAR - 3 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER IN WP NO. 39760/2018 BETWEEN: 1. M/S PACIFIC ADVERTISING NO. 6/1, 4TH ‘A’ CROSS, KATHRIGUPPE MAIN ROAD, BSK 3RD STAGE, BENGALURU - 560 085. REPT BY ITS PROPRIETOR SRI. PRASHANTH G.V. S/O. VENKATAPPA AGED ABOUT 38 YEARS. 2. M/S. SILVERADO NO. 6/1, 4TH ‘A’ CROSS, KATHRIGUPPE MAIN ROAD, BSK 3RD STAGE, BENGALURU - 560 085. REPT BY ITS PROPRIETOR SRI. PRASHANTH G.V. S/O. VENKATAPPA AGED ABOUT 38 YEARS. …PETITIONERS (BY SMT. SIRI. R, ADVOCATE FOR SRI. SARAVANA.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE SECRETARY TO GOVT., DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR.B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. HC-KAR - 4 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER 2. THE COMMISSIONER BBMP, N.R.SQUARE, HUDSON CIRCLE BENGALURU - 560 002. 3. 4. JOINT COMMISSIONER DELEGATED AUTHORITY (WEST ZONE) BBMP, LG-34, SAMPIGE ROAD JAI BHEEM NAGAR, MALLESHWARAM WEST BENGALURU - 560 003. JOINT COMMISSIONER DELEGATED AUTHORITY (WEST ZONE) BBMP, LG-34, SAMPIGE ROAD JAI BHEEM NAGAR MALLESHWARAM WEST BENGALURU - 560 003. …RESPONDENTS (BY SRI. AMIT DESHPANDE ADVOCATE FOR R1 TO R5; SMT. SUMANA NAGANAND, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-H RESOLUTION DATED 06.08.2018M IN SUBJECT NO.62/2018, PASSED BY THE 2ND RESPONDENT QUASH ANNEXURES-M1, DATED 28.08.2018, ANNEXURE-M2 DATED 28.08.2018 PASSED BY THE 3RD RESPONDENT, ANNEXURE-M3 DATED 29.08.2018, ANNEXURE-M4 DATED 29.08.2018, PASSED BY THE 4TH RESPONDENT AND ETC., IN WP NO. 39996/2018 BETWEEN: PRESTIGE ADVERTISING NO. 113, MIG, KHB COLONY, HC-KAR - 5 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER ...PETITIONER KORAMANGALA, BANGALORE - 560 095, REPRESENTED BY ITS PROPRIETOR, SUFIA JAWAD, D/O. LATE SYED IFTEKHAR AHMED, AGED ABOUT 55 YEARS, RESIDING AT B/4, 17TH I MAIN, KHB COLONY, KORAMANGALA, BENGALURU - 560 095. (BY SMT. SIRI. R, ADVOCATE FOR SRI. SARAVANA.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER BBMP, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560 002. 3. 4. JOINT COMMISSIONER DELEGATED AUTHORITY (EAST ZONE), MAYO HALL, M.G. ROAD, BENGALURU-560 001. JOINT COMMISSIONER DELEGATED AUTHORITY (SOUTH ZONE), COMMERCIAL COMPLEX, 2ND BLOCK, 9TH CROSS, JAYANAGAR, HC-KAR - 6 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER BBMP, BANGALORE-560 011. (BY SRI. BOPANNA, AGA FOR R1; SRI. H. DEVENDRAPPA FOR R2-R4(NOC)) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-H RESOLUTION DATED 6.8.2018, SUBJECT NO. 62/2018 PASSED BY R-2;QUASH THE ANNEX-M, VIDE CASE NO. 32, DATED 29.8.2018, ANNEX-M1. VIDE CASE NO. 33, DATED 29.8.2018 PASSED BY THE JC(E) R-4 ARO[SJN]/W91/Adj/1/18-19, DATED 28.8.2018 ANNEX-M3 VIDE CASE NO. JCEAST / ARO/ SN/W117/31, DATED 29.8.2018 PASSED BY R-3 AND ETC., ANNEX-M2 CASE VIDE VIDE NO. IN WP NO. 40615/2018 BETWEEN: SUJAY ADVERTISING PVT LTD AT SUJAY HOUSE NO.4, 2ND FLOOR, UTTARADI MUTT ROAD, SHANKARAPURAM BENGALURU – 560 004, REPRESENTED BY ITS EXECUTIVE DIRECTOR, RAVIKUMAR, S/O LATE SUBBARAO, AGED ABOUT 62 YEARS. (BY SMT. SIRI. R, ADVOCATE FOR SRI. SARAVANA.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, …PETITIONER HC-KAR - 7 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER DR. B. R. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE COMMISSIONER BBMP, N.R.SQUARE, HUDSON CIRCLE, BENGALURU – 560 002. 3. 4. 5. JOINT COMMISSIONER DELEGATED AUTHORITY (EAST ZONE) MAYO HALL, M.G.ROAD, BENGALURU - 560 001. JOINT COMMISSIONER DELEGATED AUTHORITY (SOUTH ZONE) COMMERCIAL COMPLEX, 2ND BLOCK, 9TH CROSS, JAYANAGAR, BBMP, BANGALORE – 560 011. JOINT COMMISSIONER DELEGATED AUTHORITY (WEST ZONE) BBMP, LG-34, SAMPIGE ROD, JAI BHEEM NAGAR, MALLESHWRAM WEST, BENGALURU – 560 003. (BY SMT. SPOORTHY.V, HCGP FOR R1; SRI. H. DEVENDRAPPA ADVOCATE FOR R2-R5(NOC)) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA TO-QUASH ANNEXURE-H RESOLUTION DATED 06.08.2018 IN SUBJECT NO.62/2018, PASSED BY R-2;QUASH ANNEXURES-M1 TO M4 DATED 27.08.2018; ANNEXURES-M5 TO M9 DATED 28.08.2018; ANNEXURES-M10 TO M20 DATED 29.08.2018 PASSED BY THE 3RD, 4TH AND 5TH RESPONDENT AND ETC., - 8 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER HC-KAR IN WP NO. 40832/2018 BETWEEN: ...PETITIONER M/S ABLE ADVERTISING REP. BY ITS PROPRIETOR SYED HAMID MOHSIN, S/O. SYED ABDUL SALAM, AGED 56 YEARS, NO.5/1, G C RICH HOMES, RICHMOND ROAD, BANGALORE – 560 025. (BY SMT. SIRI. R, ADVOCATE FOR SRI. SARAVANA.S, ADVOCATE) AND: 1. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, J.C. ROAD, BANGALORE – 560 002. 2. THE JOINT COMMISSIONER (EAST ZONE) BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, J.C.ROAD, BANGALORE – 560 001. 3. THE JOINT COMMISSIONER (WEST ZONE) BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560001. 4. THE JOINT COMMISSIONER (SOUTH ZONE) BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 001. 5. BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) REPRESENTED BY ITS MANAGING DIRECTOR, K.R.CIRCLE, AMBEDKAR VEEDHI, HC-KAR - 9 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER BENGALURU – 560 001. (BY SRI. DEVENDRAPPA.,ADVOCATE) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS FROM THE FILE OF THE 2ND , 3RD , 4TH RESPONDENTS AND TO QUASH THE ORDERS IN CASE NO. JC(EAST)/VN/W110/15/18-19 DATED 29.08.2018 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-J1, CASE NO.24 DATED 29.08.2018 PASSED BY THE RESPONDENT NO.5, VIDE ANNEXURE-J2, CASE NO.25 DATED 29.08.2018 PASSED BY RESPONDENT NO.5, VIDE ANNEXURE- J3,CASE NO.67 DATED 29.08.2018 PASSED BY RESPONDENT NO.5, VIDE ANNEXURE-J4,CASE NO.28 DATED 29.08.2018 PASSED BY RESPONDENT NO.5, VIDE ANNEXURE-J5 AND ETC., IN WP NO. 40846/2018 BETWEEN: M/S RADIANCE OUTDOOR ADVERTISING REP BY ITS PROPRIETOR SYED HAMID MOHSIN S/O SYED ABDUS SALAM NO.5/1, G C RICH HOMES RICHMOND ROAD, BANGALORE - 560 025 (BY SRI. SARAVANA S.,ADVOCATE) AND: 1. BANGALORE MAHANAGARA PALIKE CORPORATION OFFICES, N.R. SQUARE, J C ROAD, BANGALORE – 560 002. 2. THE COMMISSIONER BANGALORE MAHANAGARA PALIKE N.R. SQUARE, J C ROAD, ...PETITIONER HC-KAR - 10 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER BANGALORE – 560 002. 3. THE JOINT COMMISSIONER (EAST ZONE) BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 001. 4. THE JOINT COMMISSIONER (WEST ZONE) BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 001. 5. THE JOINT COMMISSIONER (SOUTH ZONE) BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 001. 6. BENGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) REPRESENTED BY ITS MANAGING DIRECTOR K.R. CIRCLE, AMBEDKAR VEEDHI BENGALURU - 560 001. (BY SRI. H. DEVENDRAPPA, ADVOCATE FOR R1-R5; SRI. H. SHANTHI BHUSHAN ADVOCATE FOR R6) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF THE 2ND , 3RD , 4TH RESPONDENTS AND TO QUASH THE ORDERS IN CASE NO. JC/E/ SHN/W 111/ PR/95 /18-19 DATED 28.08.2018 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-J1, CASE NO.NIL DATED 28.08.2018 PASSED BY THE RESPONDENT NO.5, VIDE ANNEXURE-J2, CASE NO.NIL DATED 28.08.2018 PASSED BY RESPONDENT NO.5, VIDE ANNEXURE-J3 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM HC-KAR - 11 - NC: 2025:KHC:21189 WP No. 40857 of 2018 C/W WP No. 39760 of 2018 WP No. 39996 of 2018 WP No. 40615 of 2018 WP No. 40832 of 2018 AND 1 OTHER ORAL ORDER Learned counsel for the petitioners has filed a memo seeking to withdraw the writ petitions. Memo is taken on record. 2. In view of the memo, the writ petitions are dismissed as withdrawn. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 39