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2023 Supreme(Online)(KAR) 4163

PRINCIPAL BENCH AT BENGALURU
SUDE ENGINEERING CORPORATION – Appellant
Versus
BRUHAT BENGALURU MAHANAGARA PALIKE – Respondent


This

writ

appeal

is

against

the

order

dated

20.04.2023 passed in W.P.3119/2023 (LB-BMP) by which

the writ petition filed by the appellant herein seeking

quash of notice dated 30.01.2023 issued by respondent

No.2 as per Annexure-A has been dismissed.

2. The above writ petition was filed by the

appellant claiming to be a small-scale manufacturer of

automated valves and dampers for ventilating systems

and oxygen cylinders at its factory at Pune with its

corporate office at Plot No.1106, 10th Main, Near Hampi

Nagar Bus Stand, Vijayanagar, Bengaluru. The said

property at Bengaluru is the subject matter of writ

petition. By notice dated 30.01.2023 at Annexure-A

respondent No.2 directed the appellant to close down the

industry being run in the subject property within seven

days from the date of receipt of the notice on the premise

that the subject property is situated within the residential

area and the road width is less than 40 feet and that there

- 4 -

is no permission to use the subject property for non-

residential purpose.

3. It was contended by the appellant/petitioner in

the writ petition that the appellant being a MSME is not

required to obt

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