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2013 Supreme(Kar) 138

DILIP B.BHOSALE, B.MANOHAR
Bruhath Bengaluru Mahanagara Palike, Rep By Its Commissioner – Appellant
Versus
Mahtani Ventures, Represented By Its Partner Sri Suneel Mahtani – Respondent


Advocate Appeared:
For the Petitioners:B.V. Shankaranarayana Rao, Advocate.
For the Respondents:R1, Aditya Sondhi, B.V. Nidhishree, Advocates.

Judgment :-

Dilip B. Bhosale J.

1. The question that falls for our consideration in these appeals is whether the 'power' to cancel a trade licence certificate issued under the provisions of Karnataka Municipal Corporations Act, 1976, being a quasi judicial in nature, could be delegated by the Commissioner, to the Health Officer, in exercise of the powers of delegation vested in him under section 66 of the said Act?

1.1. These appeals are directed against the judgment and order dated 8th of March, 2012 rendered by learned single judge in writ petitions filed by respondents against the order dated 30.4.2011, whereby appellant no.2-Health Officer has cancelled their trade licences for carrying on business at different places in the city of Bangalore.

2. It would suffice to state the common facts of all cases to have a glimpse of the backdrop events in which the question has emerged for decision. The appellant Bruhath Bengaluru Mahanagara Palike (for short ‘the Corporation'), was established under the provisions of the Karnataka Municipal Corporations Act, 1976, (for short ‘the KMC Act'). Appellant no.2 - Health Officer (South) is an officer of the Corporation. The respondents, who we























































































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