SHIVALINGASWAMY – Appellant
Versus
Bruhat Bengaluru Mahanagara Palike – Respondent
The short grievance of the petitioner is against
rejection of his application for impleadment in appeal No.
385/2019 pending on the file of Karnataka Appellate
Tribunal against coercive orders suffered by third
respondent.
2.
After service of notice, the respondents
having entered appearance through their counsel make
submission in justification of the impugned order and
the reasons on which it has been constructed.
3.
Having heard the learned counsel for the
parties and having perused the petition papers, this
3
Court inclines to grant indulgence in the matter
inasmuch as, petitioner happens to be the complainant,
from whose allegation the coercive proceedings under
Section 321 of the Karnataka Municipal Corporations Act,
1976 was taken and now it is in challenge before the
KAT. It has been consistently held by the Apex Court
that complainants of the kind answers the description of
8proper parties9 if not 8necessary parties9 in the light of
RAZIA BEGUM VS. SAHEBZADI ANWAR BEGUM AIR
1958 SC 886.
In the above circumstances, this writ petition
succeeds; a Writ of Certiorari issues quashing the
impugned order; the subject application of the petitioner
having been favorued, the K
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.