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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.11205/2020 (LB-RES)
BETWEEN:
M/S. D.S. ADS PRIVATE LIMITED
REPRESENTED BY ITS GENERAL MANAGER
SRI S G AMAL REGAN
FIRST FLOOR, KHANESHUMARI NO.22
ABOVE SURYA BAKERY
DOMMASANDRA, BENGALURU DISTRICT.
...PETITIONER
(BY SRI P.P. HEGDE, SENIOR COUNSEL FOR
SRI SRINIVASA S.B., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF RURAL
DEVELOPMENT AND PANCHAYATHRAJ
M S BUILDING, BENGALURU-560 001.
2.
THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
ANNEX BUILDING, 3RD FLOOR
K.R. CIRCLE, BANGALORE DIVISION
BANGALORE-560 001.
3.
THE EXECUTIVE OFFICER
TALUK PANCHAYATH
2
ANEKAL TALUK
BANGALORE URBAN DISTRICT.
4.
THE YAMARE GRAM PANCHAYAT
REPRESENTED BY ITS
PANCHAYAT DEVELOPMENT OFFICER
YAMARE, SARJAPUR HOBLI
ANEKAL TALUK
BENGALURU URBAN DISTRICT-562 125.
5.
THE SARJAPURA GRAMA PANCHAYAT
REPRESENTED BY ITS
PANCHAYAT DEVELOPMENT OFFICER
SARJAPUR, ANEKAL TALUK
BENGALURU URBAN DISTRICT-562 125.
(VIDE COURT ORDER DATED 12.10.2020 DISMISSED
AS AGAINST THIS RESPONDENT)
6.
THE DOMMASANDRA GRAM PANCHAYAT
REPRESENTED BY ITS
PANCHAYAT DEVELOPMENT OFFICER
DOMMASANDRA, SARJAPUR HOBLI
ANEKAL TALUK
BENGALURU URBAN DISTRICT-562 125.
(VIDE COURT ORDER DATED 12.10.2020 DISMISSED
AS AGAINST THIS RESPONDENT)
7.
VOICE OF SARJAPURA
N G O SARJAPURA, BENGALURU
REPRESENTED BY ITS SECRETARY
SMT RAICY JOBY, CONFIDENT BELLATRIX
VILLA NO.28, THYAVAKANHALLY
BANGALORE-562 125.
…RESPONDENTS
(BY SRI SRINIVASA GOWDA R., AGA FOR R-1 & R-2;
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SRI M.S. DEVARAJU, ADV., R-3 & R-4;
SRI G.R. MOHAN, ADV., FOR R-7 V/O DATED 12.10.2020)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
LETTER/ORDER DATED 19.11.2019 ISSUED BY THE YAMARE
GRAM PANCHAYAT, YAMARE A COPY OF WHICH IS PRODUCED
AT ANNEXURE-J AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
This petition is filed challenging the communication dated
19.11.2019 calling upon the petitioner as to why the license
granted for erecting hoardings should not be withdrawn for
violating the conditions contained in the license.
2.
The learned counsel for the respondent No.7 submits
that the license granted in favour of the petitioner is expired on
16.5.2022 and as such the relief sought for in this writ petition
does not survive for consideration.
3.
Mr. P.P. Hegde, learned Senior counsel appearing for
the petitioner's counsel submits that petitioner may be permitted
to submit an application afresh for renewal of grant of license for
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erecting hoardings in accordance with the provisions contained in
the Karnataka Grama Swaraj and Panchayat Raj, Act, 1993 and
also applicable bye-laws, if the same has come into effect.
4.
The petition is disposed of reserving liberty to the
petitioner to file an application for renewal of license for erecting
hoardings before the respondent No.4 and if such an application
is filed within two weeks from the date of receipt of certified copy
of this order, the respondent No.4 to consider the same and pass
appropriate orders in accordance with law within a period of four
weeks from thereafter.
5.
Till the consideration of the application to be
submitted by the petitioner, the respondent No.4 shall not take
any precipitative action against the petitioner by removing the
hoardings erected and the petitioner is also restrained from
erecting new hoarding or replacing the hoarding till the
consideration of the application by the respondent No.4.
Sd/-
JUDGE
HR
