Satish Chandra S/O Late Harish Chandra ... vs The State Of Karnataka And Ors on 17 August, 2022

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Karnataka High Court

Satish Chandra S/O Late Harish Chandra ... vs The State Of Karnataka And Ors on 17 August, 2022

Bench: H.T.Narendra Prasad

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 17TH DAY OF AUGUST, 2022

                      BEFORE

 THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

       WRIT PETITION No.200328/2021 (LB-RES)

BETWEEN:

SATISH CHANDRA
S/O LATE HARISH CHANDRA GOEL
AGE: ABOUT 60 YEARS,
OCC. BUSINESS, R/O PROPER BIDAR,
C/O COMMERCIAL BUILDING,
AT FIRST FLOOR, CMC NO. 9-1-64,
AT MOHAN MARKET COMPLEX,
BIDAR-58401.
                                     ... PETITIONER
(BY SRI AMRESH S. ROJA, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF URBAN DEVELOPMENT,
       VIKASA SOUDHA, BENGALURU-01.

2.     THE REGIONAL COMMISSIONER
       KALABURAGI-585104.

3.     THE DEPUTY COMMISSIONER
       BIDAR-585401.

4.     THE ASSISTANT COMMISSIONER
       BIDAR-585401.
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5.   THE CITY MUNICIPAL COMMISSIONER
     BIDAR-585401.

6.   GEETA GOEL
     W/O RAMESH GOEL
     AGE: 55 YEARS, OCC. HOUSEHOLD,
     R/O. H.G.P.NO. 707,
     MANHALLI ROAD,
     SY. NO. 206/2, CHITTA,
     TQ. AND DIST. BIDAR-585401.

7.   RAMESH
     S/O LATE HARISHCHANDRA GOEL
     AGE: 62 YEARS, OCC. BUSINESS,
     R/O. COMMERCIAL BUILDING,
     CMC, NO. 9-1-95,
     AT GF MOHAN MARKET, BIDAR-585401.
                                   ... RESPONDENTS

(BY SRI VIRANAGOUDA M. BIRADAR, AGA FOR R1 TO R4;
    SRI GOURISH S. KHASHAMPUR, ADV. FOR R5;
    SRI GANESH S. KALABURAGI, ADV. FOR R6 & R7)


     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING
RESPONDENT NOS.2      TO 5    TO   CONSIDER THE
REPRESENTATION     UNDER    ANNEXURE   C    DATED
02.03.2020,  ANNEXURE     C2   DATED   18.06.2020,
ANNEXURE C3 DATED 19.06.2020, ANNEXURE C5 DATED
19.06.2020,  ANNEXURE     C6   DATED   19.08.2020,
ANNEXURE C14 DATED 14.10.2020, ANNEXURE C15
DATED 02.11.2020, ANNEXURE C16 DATED 10.12.2020,
ANNEXURE C18 DATED 31.12.2020, ANNEXURE C19
DATED 31.12.2020, IN THE INTEREST OF JUSTICE AND
EQUITY.
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     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
                          ORDER

In this writ petition, the petitioner is seeking for a writ of mandamus directing the respondent Nos.2 to 5 to consider the representations of the petitioner vide Annexures-C, C-2, C-3, C-5, C-6, C-14, C-15, C-16, C-18 and C-19 dated 02.03.2020, 18.06.2020, 19.06.2020, 19.06.2020, 19.08.2020, 14.10,2020, 02.11.2020, 10.12.2020, 31.12.2020 and 31.12.2020, respectively.

2. The petitioner is claims to be the owner in possession of the property bearing CTS No.9-1-64, measuring 384.15 square feet situated in Mohan Market, Bidar. The property bearing SCT No.9-1-90 to the extent of 294.44 square yards is belongs to respondent No.6 which is adjacent to the petitioner's property.

3. The case of the petitioner is that without taking any permission from the competent authority under the provisions of Karnataka Municipalities Act, 1964 (hereinafter referred to as 'the Act' for short), respondent No.6 has constructed the building encroaching the common space of the said property. Therefore, the petitioner has given representations to respondents authorities as per Annexure-C series, requesting them to take action against the respondent No.6 as per Section 187 of the Act.

Pursuant to the petitioner's representations, respondent No.5 - City Municipal Commissioner has issued notices to respondent No.6 as per Annexures - C9 and C10 dated 21.09.2020 and 23.09.2020, respectively. After issuing of notices, respondent No.6 did not take any action. Therefore, the petitioner is before this Court in this writ petition. 5

4. Sri Gourish S. Khashampur, learned counsel appearing for respondent No.5 submits that If the respondents have not concluded the proceedings initiated as per Annexures-C9 and C10, the same will be concluded in accordance with law.

5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of.

Respondent No.5 - City Municipal Commissioner is directed to conclude the proceedings initiated as per notices at Annexures - C9 and D10, pursuant to the representations submitted by the petitioner, in accordance with law, but not later than six months from the date of receipt of copy of this order.

Sd/-

JUDGE HA/-

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