M/S. Reliance Packaging Industries vs Chief Commissioner Greater Bangalore Authority Bangalore West City Corporation N.R.Square, Bangalore - 560002 & Ors

S Vishwajith, J

Petitioner is before this Court under Article 226 of the Constitution of India, seeking for the following reliefs:

"WHEREFORE, the petitioner prays that the Hon'ble Court be pleased to issue writ

"1. Quash the impugned order bearing letter No. ಆ.à²....(ಪ)/ಪಿ.ಆg/09/2026-27 dated 27-04-2026 issued by Respondent No.4, marked as Annexure-E.

Quash the notice bearing No. ಬೆಂ.ಪ.ನ.ಪಾ./ಆ.ವೈ./ದಾ.ವಿ/ಪಿ.ಆರ್/12/2025-26 dated 10-03- 2026 issued by the Respondent No.3 marked as Annexure-C.

Quash the notice letter No. ಬೆಂ.ಪ.ನ.ಪಾ./ಆ.ವೈ./ದಾ.ವಿ/ಪಿ.ಆರ್/04/2025-26 dated 19-02-2026 issued by the Respondent No.3 marked as Annexure-B.

Direct initiation of departmental enquiry against Respondent Nos.3 and 4 for dereliction of duty, disobeying law, framing incorrect documents, and award fair compensation and costs for legal expenses to the petitioner for the difficulties and mental agony caused by their actions.

Pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case in the ends of the justice."

Heard learned counsel for the petitioner and learned AGA appearing on behalf of respondent No.5.

Learned Additional Government Advocate has raised a preliminary objection with regard to the maintainability of the writ petition on the ground that the petitioner has an alternative and efficacious remedy of filing an appeal as provided under Section 309(2) of the Greater Bengaluru Governance Act, 2024 (for short, 'the Act of 2024). The impugned order has been passed under Section 306 of the Act of 2024.

Section 309(2) of the Act of 2024 reads as follows:

"309. Appeal to the Chief Commissioner.- (1) Any person aggrieved by any notice issued or action taken or proposed to be taken by the Commissioner under 276 this Chapter may appeal to the Chief Commissioner, Greater Bengaluru Authority.

(2) The decision of the Chief Commissioner shall be final."

From a reading of the aforesaid provision of law, it is very clear that the petitioner has an alternative and efficacious remedy of filing an appeal before the Chief Commissioner of Greater Bengaluru Authority. Under the circumstances, this writ petition cannot be maintained.

Learned counsel for the petitioner, at this juncture, submits that since the respondents have now directed the petitioner to close its industrial unit, some protection may be given to the petitioner till the time it approaches the Appellate Authority.

Said submission is placed on record.

Writ petition is disposed of, permitting the petitioner to file an appeal as provided under law challenging the impugned order at Annexure-E, dated 27.04.2026, passed by the fourth respondent, within a period of four weeks from the date of receipt of certified copy of this order.

Till then, the impugned order at Annexure-E dated 27.04.2026, shall be kept in abeyance.

Registry is directed to return the certified copy of the documents to the petitioner after retaining Photostat copies of the same.

In view of disposal of main matter, pending I.A.No.1 of 2026 does not survive for consideration.