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2024 Supreme(Online)(KAR) 1724

HIGH COURT OF KARNATAKA
R DEVDAS
KISHORE S JINSIWALE – Appellant
Versus
BRUHAT BENGALURU MAHANAGARA PALIKE – Respondent


Petitioner Advocates:VIVEK B R ,Respondent Advocate:

ORDER

R.DEVDAS J., (ORAL):

Learned counsel Sri Pawan Kumar, who is present in the Court takes notice for the respondent BBMP.

2. The petitioners are aggrieved of the impugned order at Annexure-A dated 03.02.2024 passed by the Assistant Executive Engineer, BBMP, C.V.Raman Nagar Sub-division calling upon the petitioners to close down the nursery school which is run by them in the premises in question.

3. Learned counsel submits that earlier too in the year 2022 such a notice was issued to the petitioners and on being satisfied with the reply given by the petitioners, no further action was taken by the respondents. Nevertheless, the Assistant Executive Engineer has proceeded to call upon the petitioner to close down the nursery school.

4. Learned counsel submits that when a notice was issued by the Assistant Executive Engineer on 16.01.2024 at Annexure-L calling upon the petitioner to show cause as to why action should not be taken to close down the nursery school, the petitioner caused a reply dated 20.01.2024 at Annexure-M. Learned counsel further submits that the petitioner along with the reply, furnished copy of the building plan approved by the then Bayappanahalli Gram Panchayat; the

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