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2025 Supreme(Online)(Kar) 19842

KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, J
SRI NAGARAJU S/O. LATE SRI NARASIMAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI MEGHACHANDRA D.N.
For the Respondents: SRI BOPANNA B., SRI K.B. MONESH KUMAR

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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