IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6996 OF 2024 (LB-RES)

BETWEEN:

1. SRI THAJAMMUL HUSSAIN S/O K NOOR MOHAMMED AGED ABOUT 69 YEARS R/AT FLAT NO.801, A WING SAIRADHA EMPIRE KOLOMBE UDUPI - 573 101 … PETITIONER (BY SRI. SACHIN B S., ADVOCATE)

AND:

1. UDUPI CITY MUNICIPALITY Digitally signed by VIJAYA P KAVI MUDHANNA ROAD Location: HIGH UDUPI - 576 101 COURT OF KARNATAKA REP. BY ITS COMMISSIONER … RESPONDENT (BY SRI. ABDULLA T I., ADVOCATE)

THIS W.P. IS FILED under ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 06.02.2024 IN NO.U.NA.SA.C1(2)BA.563/2005- 06 AS PER ANNEXURE-A AND FINAL ORDER IN NO.U.NA.SA C1(2) BA.563/2005-06 DTD 16.02.2024 AS PER ANNEXURE-B PASSED BY THE RESPONDENT AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

Petitioner has challenged the notice dated

06.02.2024 at Annexure-A and the order dated 16.02.2024 at Annexure-B passed in terms of Section 187(9) Karnataka Municipalities Act (for short 'the Act'). As against such order at Annexure-B, there is a provision for statutory appeal under Section 343 of the Act.

2. The question of legality at Annexure-A is a matter that could be raised before the Authority in the appeal that may be filed against the order at Annexure-B.

3. Sri. T. I. Abdulla, learned counsel appearing for the Authority submits that the appeal would lie before the Regional Commissioner, Mysore who is the Appellate Authority.

4. In light of the above facts, petition is disposed off as not calling for any adjudication. Petitioner is at liberty to file an appeal before the Appellate Authority in terms of Section 343 of the Act.

5. In light of the disposal of the writ petition, impleading application - I.A.2/2024 is also disposed off as not calling for any further adjudication. Insofar as the submission that the impleading applicants are affected parties, it is open for the impleading applicants to intervene in the appellate Court proceedings if appeal is filed as is permissible under law.

The respondents not to take any precipitative action for a period of two weeks. The appeal, if any to be filed within two weeks from the date of receipt of certified copy of this order. If appeal is filed, the same to be disposed off expeditiously within a period of not later than 3 months from the date of filing of appeal. All contentions are kept open. Sd/-

(S SUNIL DUTT YADAV)

JUDGE VP