Karnataka High Court Asks BBMP To Upload Daily Orders, Causelists, Judgments Of Proceedings Before Quasi-Judicial Authorities

The Karnataka High Court has directed the Bruhat Bengaluru Mahangara Palike (BBMP) to web host all cause lists, daily orders and judgments of proceedings before the quasi-judicial authorities of the corporation to ensure transparency and accessibility.

Justice Suraj Govindaraj also emphasized that when a matter is adjourned, the next date should be fixed or a notice should be issued to all parties about the next hearing date.

“The Chief Commissioner, BBMP in association with the Principal Secretary E-Governance Department set up a system for webhosting all the cause lists and Orders passed in each of the matters on daily basis as done by this Court and the District Courts under E-Courts project and now done by the Revenue Department in respect of the Revenue Court Cases Management System, which is available at rccms.karnataka.gov.in. Detailed project report and implementation report to be placed before this Court within four weeks from the date of receipt of the copy of the Order.”

The petitioner's grievance is that the matter in question was adjourned on account of the Presiding Officer who was otherwise engaged in election proceedings. The matter was adjourned without fixing the next date of the hearing, and subsequently, it was taken up without the petitioner being informed. The matter was posted for orders and the orders were pronounced on 05.07.2023.

The petitioner argued that without intimation to the petitioner, the matter was taken up on 26.05.2023 and orders were passed. If the petitioner was aware of the matter being taken up on 26.05.2023, he would have addressed his arguments which would have assisted the Presiding Officer in passing a reasonable Order.

Referring to Mariguru Swamigara Kudure Samadhi Gaddige Mutt v Chief Commr, BBMP & Ors wherein it was held that when this Court had categorically held that when the matter is adjourned by any Quasi-Judicial Officer, the next date would have to be fixed while adjourning. If no such date is fixed, a notice by registered post would have to be issued to all the parties intimating the next hearing date.

The bench held

“The same not having been done, so the petitioner was not aware that the matter would be taken up on 26.05.2023. In my considered opinion, proceedings which were proceeded without due notice to the petitioner are required to be set aside.”

Accordingly, it quashed the order and the matter is remitted back to the Joint Commissioner, East Zone for fresh consideration from the stage that it was on 02.03.2023 by furnishing a copy of the petition to the petitioner and providing an opportunity to the petitioner to file his objections to the said petition.

Further, it directed the government advocate to bring the order to the notice of the Principal Secretary E-Governance Department to do the needful. The counsel for the Corporation is directed to bring the above Order to the notice of the Chief Commissioner, Corporation for doing the needful.

Appearance: Advocate Madhukar M Deshpande for Petitioner.

Advocate N.R.Jagadeeswara FOR R1 AND R2.

Advocate J R Jagadish for R3.

Citation No: 2023 LiveLaw (Kar) 405

Case Title: Umadevi M And Joint Commissioner (East) Zone & Others.

Case No: WRIT PETITION NO. 16979 OF 2023.

Click Here To Read/Download Order