Karnataka High Court
Gous S/O Imamhusain Sanadi vs The Commissioner on 17 November, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF NOVEMBER, 2014
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.111254-287 of 2014 (LB-UC)
CONNECTED WITH
WRIT PETITION Nos. 111152-56/2014
&
WRIT PETITION Nos. 111157-61/2014 (LB-UC)
IN W.P.NO.111254-287/2014:
Between:
1. GOUS S/O IMAMHUSAIN SANADI
AGE: 54 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.2, R.S.NO.998/3
3RD CROSS, ASADKHAN HOUSING
SOCIETY, SHIVAJI NAGAR,
BELGAUM
2. MOHAMMAD HUSSAI S/O MOHAMMAD HAYAT HAKIM
AGE: 50 YEARS, OCC: BUSINESS, R/O: PLOT NO.36 & 37,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
3. DE.ANIL KUMAR S/O NINGANAGOUDA BIRADAR
AGE: 62 YEARS, OCC: DOCTOR, R/O: PLOT NO.255,
R.S.NO.998/3, 1ST CROSS,
ASADKHAN HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
4. HAFIZA ABDULRASHID MULLA
AGE: 35 YEARS, OCC: BUSINESS, R/O: PLOT NO.297,
2
R.S.NO.998/3, 2ND CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
5. MOULASAB S/O APPALAL JAMADAR @ RANAMALLE
AGE: 50 YEARS, OCC: BUSINESS, R/O: PLOT NO.8,
R.S.NO.998/3, 3RD CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
6. WAJIDALI MUJAWAR
WRONGLY SHOWN IN NOTICE AS
WAJIDALI MUJAWAR,
AGE: 45 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.31,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
7. TOUSIF S/O NAZIRAHMED BAGBAN
AGE: 30 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.304,
R.S.NO.998/3, 2ND CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
8. SHABIRA ABDULAZIZ MATTE
AGE: 40 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.49,
R.S.NO.998/3, 5TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
9. PARVATI W/O BASAPPA BURLI
AGE: 50 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.276,
R.S.NO.998/3, 2ND CROSS,
ASADKHAN HOUSING SOCIETY,
3
SHIVAJI NAGAR, BELGAUM
10. FATIMA W/O RIYAZAHMED NAIK
AGE: 40 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.42,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
11. AMAJAD S/O NAZIRAHMED DHARWADKAR
AGE: 38 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.260,
R.S.NO.998/3, 1ST CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
12. IBRAHIM S/O AMINSAB MAKANDAR
AGE: 55 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.20,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
13. DILSHAD W/O MOHMOODULHASSAN PARISHWADI
AGE: 40 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.307,
R.S.NO.998/3, 3RD CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
14. ABDUL RAHIMAN S/O HUSEN SAB PATGOVNKAR
WRONGLY SHOWN IN NOTICE AS
IMRAN M.Y.KHADRI
AGE: 49 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.260,
R.S.NO.998/3, 1ST CROSS,
ASADKHAN HOUSING SOCIETY,
4
SHIVAJI NAGAR, BELGAUM
15. NASIRUDDIN H BHOJAGAR
AGE: 45 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.48,
R.S.NO.998/3, 5TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
16. RIYAZ S/O AHMED MULLA
AGE: 38 YEARS,
OCC: DRIVER,
R/O: PLOT NO.65,
R.S.NO.998/3, 5TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
17. DASTAGIR S/O MOHAMMEDRASOOL ANGOLKAR
AGE: 34 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.27,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
18. VINAYAK S/O KRISHNA PATUKALE
AGE: 38 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.269/A,,
R.S.NO.998/3, 2ND CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
19. SHAHEEN W/O FAYAZ ATTAR
AGE: 42 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.60,
R.S.NO.998/3, 5TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
5
20. ABDUL AHMED I BELLARY
AGE: 45 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.313,
R.S.NO.998/3, 3RD CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
21. SAMEER S/O KASHIMSAB HANCHINAMANI
AGE: 40 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.296,
R.S.NO.998/3, 2ND CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
22. IBADULLA NISARAHMED HUDLI
WRONGLY SHOWN IN NOTICE AS
UBEDULLA UNDALI
AGE: 45 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.28,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
23. GOUSEKHADAR S/O AKBARSAB DESAI
AGE: 60 YEARS,
OCC: SERVICE,
R/O: PLOT NO.19,
R.S.NO.998/3, 4TH CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
24. PRAKASH S/O KAREPPA MALLAPUR
AGE: 42 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.287,
R.S.NO.998/3, 2ND CROSS,
ASADKHAN HOUSING SOCIETY,
6
SHIVAJI NAGAR, BELGAUM
25. SOHEB I PEERAJADE
AGE: 25 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.17,
R.S.NO.998/3, 3RD CROSS,
ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
26. RAMIJABI D/O GULAMNABI PATHAN
WRONGLY SHOWN IN NOTICE AS
RAMIJA I PATHAN
AGE: 35 YEARS,
OCC: HOUSEHOLD WORK,
R/O: PLOT NO.250, R.S.NO.998/3, 2ND CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
27. SHABODDIN S/O KARIMSAB TINWALE
AGE: 54 YEARS,
OCC: HARDWARE BUSINESS,
R/O: PLOT NO.259, R.S.NO.998/3, 1ST CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
28. ABIDA W/O SADRODDIN MOKASHI
AGE: 53 YEARS,
OCC: GOVT.SERVICE,
R/O: PLOT NO. 57, R.S.NO.998/3, 5TH CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
29. SAMEER S/O ABRAL MUJAWAR
AGE: 45 YEARS,
OCC: BUSINESS,
R/O: PLOT NO. 266, R.S.NO.998/3, 2ND CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
30. IQBAL AHMED S/O KAMAL SAHEB NEELAMJI
AGE: 50 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.52, R.S.NO.998/3, 5TH CROSS, ASADKHAN
7
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
31. MOHAMMED ZAID SHERMOHAMMED PATHAN
AGE: 26 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.34, R.S.NO.998/3, 4TH CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
32. JAMIL DOSTMOHAMMAD JAMADAR
AGE: 40 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.265, R.S.NO.998/3, 1ST CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
33. BABASAB J NADAF
AGE: 26 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.72, R.S.NO.998/3, 5TH CROSS, ASADKHAN
HOUSING SOCIETY, SHIVAJI NAGAR, BELGAUM
34. NASIR S/O HYDERALI SOUDAGAR
AGE: 29 YEARS,
OCC: BUSINESS,
R/O: PLOT NO.267/A, R.S.NO.998/3,
2ND CROSS, ASADKHAN HOUSING SOCIETY,
SHIVAJI NAGAR, BELGAUM
... PETITIONERS
(By Sri. SRINAND A PACHHAPURE, ADVOCATE)
AND
1. THE COMMISSIONER
BELGAUM MUNCIPAL CORPORATION,
BELGAUM
2. THE ASSISTANT EXECUTIVE ENGINEER
NORTH DIVISION-2,
BELGAUM MUNCIPAL CORPORATION,
BELGAUM. ... RESPONDENTS.
8
(Sri. Jagadish Patil, Advocate for Respondents 1 & 2)
These Writ petitions are filed under Articles 226 and 227 of the
Constitution of India praying to quash the show cause notices dated
3.11.2014 issued by the second respondent Assistant Executive
Engineer marked at Annexure-A, A1 to A33 respectively.
IN WRIT PETITION Nos. 111152-56/2014
&
WRIT PETITION Nos. 111157-61/2014 (LB-UC)
Between:
1. Smt. Dilshadbegum W/o Riyazahmmed Tigadi
Age: 50 years,
Occ Household work,
R/o: Plot No. 291, R.S. No. 998/3,
2nd cross, Asadkhan Housing Society,
Shivaji nagar,
Belgaum
2. Mujamil S/o Mohammediqbal Doni
Age: 38years,
Occ: Business,
R/o: Plot No. 262, R.S. No. 998/3,
1st cross,
Asakhan Housing Society,
Shivaji nagar, Belgaum
3. Asif Iqbal S/o Mohammed Shafi Tigadi
Wrongly shown in notice as
Aslam S Langadi
Age: 45 years,
Occ: Business,
9
R/o. Plot no. 286, R.S. No. 998/3,
2nd cross, Asadkhan Housing Society,
Shivaji nagar, Belgaum
4. Sameer Ahmed M Tambadi
Age: 35 years,
Occ: Business,
R/o: Plot No. 317, R.S. No.998/3,
3rd cross, Asadkhan Housing Society,
Shivaji nagar,
Belgaum
5. Fakirsab S/o Hajaratsab Surkod
Age: 63 years,
Occ: Service,
R/o: Plot No.312, R.S. No. 998/3,
3rd cross, Asadkhan Housing Society,
Shivaji nagar, Belgaum
6. Bibi Fatima W/o Abdul Munaf Sufisarmast
Age: 60 years,
Occ: Retd., Teacher,
R/O: Plot No. 308, R.S. No. 998/3,
3rd cross, Asadkhan Housing Society,
Shivaji nagar, Belgaum
7. Mohamadali S/o Abdulhamid Shaikh
Age: 69 years,
Occ: Business,
R/o: Plot No. 299, R.S. No. 998/3,
2nd cross, Asadkhan Housing Society,
Shivaji nagar, Belgaum
8. Mohammed Asif S/o Abdul Gaffar Desai
Age: 34 years,
Occ: Service,
10
R/O: Plot No. 298, R.S. No. 998/3,
2nd cross, Asadkhan Housing Society,
Shivaji nagar, Belgaum
9. Abdul Rashid G Mulla
Age: 42 years,
Occ Business,
R/O: Plot No. 272/2 R.S. No. 998/3,
2nd cross, Asadkhan Housing Society,
Shivajinagar, Belgaum
10. Firoja W/o Sultansab Shipai
Age: 64 years,
Occ: Household Work,
R/O: Plot No. 301, R.S. No. 998/3,
2nd cross, Asadkhan Housing society,
Shivaji nagar, Belgaum. ... Petitioners
(By Sri. Srinand A Pachhapure, Advocate)
AND
1. The Commissioner
Belgaum Muncipal Corporation,
Belgaum
2. The Assistant Executive Engineer
North Division2,
Belgaum Muncipal Corporation,
Belgaum. ... Respondents
(By Sri. Jagadish Patil for Respondents 1 and 2)
These writ petitions are filed under Articles 226 and 227 of the
Constitution of India praying to quash the show cause notices dated
11
03.11.2014 issued by the 2nd respondent Assistant Executive
Engineer marked at Annexure-A, A1 to A-9 respectively.
---
These Writ Petitions coming on for preliminary hearing, this
day, the Court made the following:
ORDER
These petitions coming on for preliminary hearing, are considered together and are disposed of by this common order.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The facts alleged are as follows:
The petitioners are all said to be owners of lands who have purchased the same under registered sale deeds from a Society for whose benefit the land was acquired in the first instance and they have constructed residential houses and other premises. Their possession was protected by virtue of several orders passed earlier in several judgments of the Division Bench of this Court as well as Single Judges of this Court. However, by virtue of an order passed in W.P.100108/2014 dated 17.07.2014, wherein the petitioner therein 12 had suppressed the several decisions of this Court both by the Division Benches and Single Judges as regards the protection afforded to the petitioners, had alleged that there were unauthorised constructions over the very properties which are purchased by the petitioners and therefore, the respondents have proceeded to take action without issuing any notice or holding any enquiry, to demolish the property. It is apprehending such a high-handed action that the present petitions are filed.
3. The learned counsel for the respondents on the other hand would at the outset state that there is no indication on the part of the respondents to take any precipitative action. Notices impugned have only been issued calling upon the petitioners to furnish particulars on the basis of which constructions have been made over time and if the petitioners are able to satisfy the authorities that the construction put up is in accordance with law, the question of taking any further action to demolish the properties do not arise.
13
The learned counsel would further assure the Court that any further action taken will be strictly in accordance with law and that the respondents will abide by the procedure prescribed, particularly as provided under Section 321 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the KMC Act', for brevity) and he would further state that the contention that there is no provisional order passed by the Commissioner as contemplated under Section 321 of the KMC Act, is a fact. The Commissioner has not passed any provisional order. He shall be in a position to do so only after examining the documents that may be provided by the respective petitioners insofar as the manner in which they have put up construction. It is thereafter that a provisional order may or may not be issued.
The matter is premature for this Court to entertain the same and the petitioners are well-advised to file necessary documents before the respondents, who shall examine the same and proceed, in accordance with law. Recording the submission of the learned 14 counsel for the respondents that they shall strictly abide by the procedure prescribed under Section 321 of the KMC Act, the petitions stand disposed of.
SD/-
JUDGE KS