B M PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri S. Mahesh, learned Counsel accepts notice for respondent No. 4. Since the respondents are now served and the matter lies in a narrow compass, the petition itself is taken up for consideration with the consent of the learned Counsel and disposed of by this order.

(2.) Sri Nanjunda Reddy, learned senior counsel appearing on behalf of the petitioner while assailing the impugned order dated 24.03.2010 would contend that the said order on the face of it would indicate that the petitioner has not been given opportunity and an unilateral decision has been taken by the Deputy Commissioner. The learned senior counsel refers to the proviso to Section 42(10) of the Karnataka Municipalities Act, 1964 (for short the 'KMC Act') to point out that an opportunity should be granted to the petitioner.

(3.) In this regard, the decisions in the case of S.L. Kapoor v. Jagmohan and Ors., 1981 AIR(SC) 136 and in the case of M. Puttaranganaika v. Director of Municipal Administration and Ors., 1994 5 KarLJ 454 are relied on.