Smt H C Nagarathna vs The Commissioner on 13 February, 2019

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Karnataka High Court

Smt H C Nagarathna vs The Commissioner on 13 February, 2019

Bench: S. Sunil Dutt Yadav

                              1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 13TH DAY OF FEBRUARY, 2019

                          BEFORE

     THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV

          Writ Petition No. 47403 of 2018 (LB-RES)

Between :

Smt. H. C. Nagarathna
Wife of Late D. D. Srinivas
Aged about 53 years,
Residing at Srinivas Nilaya Ward No.12
Hemavathi Nagar
Hassan-573201.
                                             ... Petitioner
(By Sri M. S. Bhagwat, Advocate)

And :

1.     The Commissioner
       Hassan Urban Development Authority
       B. M. Road, Hassan - 573201.

2.     The Commissioner
       City Municipal Council
       B. M. Road, N. R. Circle
       Hassan - 573201.
                                          ... Respondents

     (By Sri A Ravishankar, Advocate for respondents
No.1 and 2)
                               2




      This petition is filed under Articles 226 and 227 of
the Constitution of India praying to call for records
pertaining to the impugned cancellation order dated
29.02.2016 (Annexure-D) and quash the impugned
cancellation of commencement certificate dated
29.02.2016 issued by respondent No.2 Annexure-D.

      This petition coming on for orders this day, the
court made the following :

                         ORDER

The petitioner has challenged the order at Annexure - D, whereby the Commencement Certificate issued has come to be cancelled by respondent No.2.

2. Counsel appearing for respondents fairly submits that prior to passing of the order at Annexure- D, no notice has been served. It is clear that the Commencement Certificate is issued in terms of Section 187(2) of the Karnataka Municipalities Act, 1964 (for brevity, 'K.M. Act') and if any action is to be taken as regards revoking the same in terms of the power conferred under Section 188 of the K.M. Act notice ought to be issued, reasonable opportunity ought to be 3 afforded to the person who is affected to show-cause as to why such order should not be made.

3. In the light of the fact that no such opportunity has been provided, without adverting to the merits of the contentions raised, the order at Annexure- D is set aside. Liberty is reserved to the respondents to take action as regards the violation complained of and noted at Annexure-D after providing an opportunity in accordance with Section 188 of the K.M. Act. Accordingly, petition is disposed of.

4. It is made clear that till fresh proceedings are taken and concluded, as regards the violation as made out at Annexure-D, the petitioner would not carry on construction, as such action, would prejudice the proceedings to be taken relating to cancellation of commencement certificate. However, the proceedings to be initiated by the respondents is to be initiated and 4 concluded within a period of not later than four weeks from the date of release of the order.

Sd/-

JUDGE hnm

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