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2022 Supreme(Online)(Kar) 54841

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

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