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2024 Supreme(Online)(KAR) 1724
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15181 OF 2024 (LB-BMP)
BETWEEN:
1. KISHORE S. JINSIWALE AGED ABOUT 65 YEARS SON OF LATE S. D. JINSIWALE RESIDING AT NO. 229/S1 ASHOKA APARTMENTS
6TH CROSS, 3RD MAIN ROAD DEFENCE COLONY, INDIRANAGAR BENGALURU-560 038.
2. SIDDHANGANA EDUCATIONAL TRUST A REGISTERED PUBLIC CHARITABLE TRUST HAVING ITS OFFICE AT NO. 122/1 VARTHUR ROAD, NAGAVARAPALYA C.V. RAMAN NAGAR BANGALORE-560 093 REPRESENTED HEREIN BY ITS TRUSTEE PRAVALI VERMA, AGED ABOUT 46 YEARS Digitally signed WIFE OF SHVATANK VERMA.
by JUANITA …PETITIONERS THEJESWINI Location: HIGH (BY SRI VIVEK B. R., ADVOCATE)
COURT OF KARNATAKA AND:
BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER C.V. RAMAN SUB-DIVISION N.R. SQUARE, HUDSON CIRCLE BENGALURU-560 002.
…RESPONDENT (BY SRI PAWAN KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER / LETTER DATED 03/02/2024 (BEARING NO. SA.KA.NI.A.CVR.PR300/2023-24) (ANNEXURE-A) AND ALL SUBSEQUENT COERCIVE ACTIONS TAKEN BY THE RESPONDENT IN RESPECT OF THE SCHEDULE PROPERTY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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 registration certificate dated 19.08.2022 issued by the Regional Education Office permitting the petitioners to run the nursery school; tax paid receipts to show that the petitioners had paid the property tax on the basis of non- residential premises; copies of the earlier notice dated 25.03.2022 and reply to the notice dated 25.04.2022. The learned counsel would further submit that inspite of such reply being given by the petitioners, the impugned order has been passed without assigning any reasons having regard to the documents furnished by the petitioners. Learned counsel would further submit that even in terms of the revised Master Plan, the property in question falls within the Residential (Mixed) Zone and it is permissible to establish and run primary schools (subject to space standards) and nursery creches in terms of Table-6 Category U1 – public and semi public category as ancillary uses permissible in Residential (Mixed) Zone.
5. Having regard to the contention of the learned counsel for the petitioners, this Court is of the considered opinion that the concerned Executive Engineer is require to pass reasoned orders having regard to the reply given by the petitioners.
6. In that view of the matter, the writ petition is partly allowed, while setting aside the impugned order at Annexure-A dated 03.02.2024. The matter stands remanded back to the Assistant Executive Engineer, C.V.Raman Nagar Sub-division to reconsider the written reply given by the petitioners, the submissions recorded by this Court in the present order, afford an opportunity of hearing to the petitioners and thereafter pass a reasoned order.
Ordered accordingly.
