KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, J
SRI NAGARAJU S/O. LATE SRI NARASIMAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. previous decisions impact scope of current case. (Para 2) |
| 2. standing court opinions invalidate similar regulatory actions. (Para 4) |
| 3. past rulings mitigate need for new judgments. (Para 5) |
| 4. writ petition is conclusively resolved in favor of petitioners. (Para 6 , 7) |
ORAL ORDER
The captioned petition is filed seeking the following reliefs:
i) Issue Writ of Certiorari or any other writ or direction declaring bye law NO.3.9 of BBMP Building bye law 2003 as unconstitutional illegal and ultra-vires;
ii) Issue Writ of Certiorari quashing the Demand notice dated 04/12/2024 bearing No. BBMP/EoDB/CH/ 37821/24-25 issued by Respondent No.4 as per ANEXURE – A to this writ petition; iii) Grant such other relief/s which deems fit to the facts and circumstances of the case in the interest of justice and equity.
2. The Co-ordinate Benches of this Court, in W.P.No.23086/2022 and connected matters(herein referred to as “ M/s Sapthagiri Shelters ”) as well as W.P.No.36017/2018 and connected matters(herein referred to as “ Sunderam Shetty ”), have comprehensively adjudicated the issue involved and settled the controversy.
3. In Sunderam Shetty and connected cases, the Co-
ordinate Ben
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