Sri.Siddrameshwar S/O Mahantappa ... vs The City Municipal Council Ilkal on 27 June, 2019

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Karnataka High Court

Sri.Siddrameshwar S/O Mahantappa ... vs The City Municipal Council Ilkal on 27 June, 2019

Bench: S.G. Pandit

         IN THE HIGH COURT OF KARNATAKA,
                 DHARWAD BENCH

     DATED THIS THE 27 T H DAY OF JUNE, 2019

                      BEFORE

        THE HON'BLE MR.JUSTICE S.G. PANDIT

       WRIT PETI TION NO.108460/2019 (LB-RES)
BETWEEN:

SRI S IDDRAMESHWAR S/O MAHANTAPPA GADDI,
AGED ABOUT 55 Y EARS, OCC: BUSINESS,
R/A T ILKAL, TQ.H UNGUND, DIS T: BAGALKOTE.
                                      ...PETITIONER
(BY SRI.MRU TYUNJAYA TATA BANGI, ADV.)

AND:

1.     THE CITY MUNICIPAL COUNCIL ILKAL,
       TQ.HUNGUND, DIS T: BAGALKOTE,
       REP.ITS COMMISSIONER.

2.     THE DEPU TY COMMISSIONER,
       BAGALKOTE DIS TRICT, BAGALKOTE.

3.     SMT.PADMAVATI W/O UMESH GADDI,
       AGED ABOUT 50 Y EARS, OCC:HOUSEHOLD WORK
       R/A T OPP. COLLEGE COMPLEX, JOS HI GALLI,
       ILKAL, TQ.HUNGUND, DIS T: BAGALKOTE.

                                   ...RESPONDENTS
(BY SRI.MRU TYUNJAY S.HALLIKERI, ADV, FOR C/R3,
    SRI.RAVI V.HOSMANI, AGA FOR R1 & R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITU TION OF INDIA PRAYING
TO ISSUE A WRIT IN THE NA TURE OF CERTIORA RI O R
ANY OTHER WRIT OR DIRECTION AND QUASH THE
ENDORSEMENT     /  ORDER   PASSED    BY  THE   1ST
                         2


RESPONDENT,     COMMISSIONER      CITY   MUNICIPAL
COUNCIL,    ILKA L   DATED    12.03.2019   BEA RING
NO.NaSaE/Bin Sh e taki/Himbharaha/2018-19/536 COPY
AS PER ANNEXURE-G AS BEING VIOLATIVE OF
PRINCIPLES OF NATURAL JUS TICE, ARBITRARY , U N-
REASONABLE AND OPPOSED TO ARTICLE 14 OF THE
CONSTITU TION OF INDIA .

     THIS  WRIT   PETITION  COMING    ON  FOR
PRELIMINARY HEA RING THIS DAY, THE COURT MADE
THE FOLLOWING:


                     ORDER

The petitioner is before this Court under Article 226 of the Constitution of India praying to quash the issuance of NOC dated 12.03.2019 bearing No. NaSaE/Bin Shetaki / Himbharaha / 2018-19/536 issued by respondent No.1 in favour of respondent No.3.

2. Any order passed by respondent No.1 would be appealable under Section 321 of the Karnataka Municipalities Act, 1964. The petitioner has already approached respondent No.2-Deputy Commissioner under Annexure-H dated 25.03.2019. As the petitioner has already 3 approached respondent No.2-Deputy Commissioner requesting him to withdraw the NOC issued in favour of respondent No.3, I am of the view that the writ petition would not be maintainable. I decline to entertain the writ petition.

Accordingly, the writ petition is rejected.

Sd/-

JUDGE MBS/-

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