Petitioner challenged construction by neighbors violating bye-laws. Court held mandamus inappropriate while a civil suit is pending, directing authorities to act subject to that suit's outcome.
Writ petition disposed of; directed respondents to take action subject to pending civil suit outcome.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 13TH DAY OF AUGUST 2012
BEFORE
THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS
WRIT PETITION No. 80072/2010 (GM-RES)
BETWEEN :
K NAGAYYA S/O. VEERAYYA AGED ABOUT 50 YEARS OCC. BUSINESS R/O. H.No. 9-8-321 NEW NIRMA BUILDING BVB COLLEGE ROAD BIDAR. … PETITIONER (BY Sri. K.M. GHATE, ADV.) AND : --------
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(BY Sri. MD. ABDUL SANAD SIDDIQUI, ADV., FOR R-2 Sri. MANAVENDRA REDDY, AGA, FOR R-1 R-3 SD.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE RESPONDENTS 1 TO 3 TO DISCHARGE THEIR DUTIES IN ACCORDANCE WITH LAW AND DISPOSE THE APPLICATION/REPRESNTATION OF THE PETITIONER VIDE ANNEXURE C, C1 TO C7 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING
O R D E R
Petitioner contends that he is the owner in possession of plot bearing
No. 57 situated at Gullar Haveli, Bidar. In this plot the petitioner and his
wife are running a petrol bunk. Respondent Nos .4 and 5 are the owners of
the neighbouring plots and have constructed buildings in violation of the
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sanctioned plan, building bye laws and regulations. Therefore the petitioner gave complaint as per Annexure C, C1 to C7 to respondent Nos.2 and 3. In the meanwhile respondent Nos. 4 and 5 have filed a suit in O.S. No. 11/2009 against respondent Nos. 2 and 3 and the same is pending adjudication. Further it is contended that the impleading application filed by the petitioner in O.S. No. 11/2009 came to be rejected.
Sd/JUDGE.
LRS.
1 issue framed by the court
Whether a writ of mandamus can be issued to respondent authorities when a civil suit regarding the same dispute is pending adjudication.
1 provisions across 1 enactments
K Nagayya
State of Karnataka
The Commissioner City Municipal Council, Bidar
The Commissioner Bidar Urban Development Authority Bidar
Vidyawathi
Kushalrao
H.N. Nagamohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
