Disposed

Ananda S/O Chandrashekhara Shivapooji v. Raju Raghuram Shetty

Karnataka HC23 Jun 2021WP/101009/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mandamus against illegal construction of a dhabha in a residential layout. The respondent Panchayat issued a notice but took no action. The High Court directed the Panchayat Development Officer to conclude proceedings and pass an appropriate order under Section 64 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.

What did the court decide?

Direction to the 3rd respondent to conclude proceedings and pass appropriate order under Section 64 of the Act.

Ananda S/O Chandrashekhara Shivapooji Vs… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 23^rd DAY OF JUNE 2021

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BEFORE

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

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WRIT PETITION No.101009/2021 (LB-RES)

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BETWEEN:

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ANANDA S/O CHANDRASHEKHARA SHIVAPOOJI AGED 44 YEARS, OCC BUSINESS, R/AT C/O C.V. SHIAPUJI, 15TH CROSS, VIDYAGIRI, BAGALKOTE-587102.

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...Petitioner

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(By Sri.SHRIDHAR PRABHU AND Sri.SIDDAVEER CHAKKI, ADVS.)

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AND

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1 . RAJU RAGHURAM SHETTY RESIDING AT KULAGERI CROSS, TQ BADAMI, DIST BAGALKOTE-587102.

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2 . CHIEF EXECUTIVE OFFICER ZP OFFICE, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOTE-587103.

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3 . PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT, KULGERI CROSS, TQ BADAMI, DIST BAGALKOTE-587155.

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4 . EXECUTIVE ENGINEER O AND M DIVISION,

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HUBBALLI ELECTRICITY SUPPLY COMPANY LIMITED, NAVANAGAR, BAGALKOTE-587102.

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…Respondents

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(By Sri.BHUSHAN B KULKARNI, ADV. FOR R2 & R3; R1 IS SERVED; SRI. B S KAMATE, ADV. FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION OF THE LIKE NATURE TO THE RESPONDENTS TO TAKE IMMEDIATE ACTION AGAINST 1ST RESPONDENT’S ILLEGAL COMMERCIAL ACTIVITIES BY CONSTRUCTING AND RUNNING THE BUSINESS OF DHABHA IN THE LAYOUT FORMED SOLELY FOR RESIDENTIAL USE IN ACCORDANCE WITH LAW.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioner has sought the

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following relief:

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“a. Issue a mandamus or any other writ, order or direction of the like nature to the respondents to take immediate action against 1st respondent’s illegal commercial activities by constructing and running the business of dhabha in the layout formed solely for residential use in accordance with law.

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b. Pass such other and incidental orders as are appropriate under the facts and circumstances of the case.”

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The case of the petitioner is that, he is the

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resident of Vidyagiri, Bagalkot district. He has constructed his house on the residential layout formed in Sy.No.19/4b

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measuring 1 acre situated at Chirlkoppa village, Badami taluk, Bagalkot district. He further submitted that the 1^st respondent is the owner of Plot No.1511/21 formed in the above said residential layout. In the said plot, the 1^st

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respondent has started constructing Dhaba, which is completely a commercial activity and the same cannot be permitted in the residential layout. He has constructed the Dhaba without obtaining proper license from the local authority. Therefore, the petitioner has filed a complaint to the 3^rd respondent, the jurisdictional Panchayat Development Officer (PDO) to take action in accordance with law. The copy of the said complaint dated 05.10.2020 is produced vide Annexure-B.

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Pursuant to the complaint, the Secretary, Panchayat Office, Kulageri has issued a notice to the 1^st respondent and directed him to stop the construction of the Dhaba immediately. The copy of the said notice dated 05.10.2020 is produced vide Annexure-C. Thereafter, they have not taken any action. Subsequently, the petitioner has given one more representation on 07.10.2020 vide Annexure-D to the Secretary, Panchayat Office, Kulageri and the petitioner has also given a complaint to the Managing Director, Hubballi Electricity Supply Company Limited (HESCOM). Thereafter, the 3^rd respondent-

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Panchayat Development Officer issued a notice dated 25.01.2021 vide Annexure-L directing the 1^st respondent to stop the illegal construction of the Dhaba in the residential layout as he is running the same without obtaining any permission from the Panchayat. Despite notice, the 1^st respondent did not stop the construction of the Dhaba. Therefore, the petitioner is before this Court.

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Sri.Shridhar Prabhu learned counsel appearing for the petitioner has submitted that the petitioner has purchased the plot in the residential layout formed in Sy.No.19/4b situated at Chirlkoppa village, Badami taluk, Bagalkot district. The 1^st respondent is the owner of the Plot No.1511/2021 in the said residential layout. He has started constructing the Dhaba in the residential layout which is completely a commercial activity which is not permissible and he has not taken permission from the local authority. Pursuant to the complaint given by the petitioner, the 3^rd respondent has issued notice vide Annexure-L to 1^st respondent under Section 64 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 but

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1^st respondent has not taken any further action. Hence, the

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petitioner has sought for allowing of the writ petition.

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Per contra, Sri.Bhushan B Kulkarni, learned

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counsel appearing for respondent Nos.2 and 3 has contended that due to Covid Pandemic, the 1^st respondent has not proceeded with the notice issued vide Annexure-L and now the Panchayat will take further action as per the said Act.

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Sri.B S Kamate, learned counsel appearing for respondent No.4 submitted that since the 1^st respondent has produced NOC issued by the Panchayat, respondent No.4 has given temporary electricity connection for the purpose of construction of the building. If the Panchayat takes action for demolition of the building, the 4^th respondent will disconnect the power supply that has been given to the 1^st respondent.

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Respondent No.1 is served unrepresented.

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Heard the learned counsel for the parties.

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Perused the writ papers.

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The petitioner has given a complaint to the Panchayat stating that the 1^st respondent has constructed the Dhaba in the residential layout without obtaining permission from the local authority. Pursuant to that complaint, the 3^rd respondent-Panchayat Development Officer has issued a notice vide Annexure-L dated 25.01.2021 directing the 1^st respondent to stop further construction. Thereafter, they have not taken any action as per the provisions of the said Act.

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Under these circumstances, without expressing any opinion on the merits of the case, the 3^rd respondent is directed to conclude the proceedings and pass appropriate order in accordance with law as per Section 64 of the Act as expeditiously as possible.

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With that observation, the above writ petition is disposed off.

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Sd/JUDGE

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Kgk

Ananda S/O Chandrashekhara Shivapooji v. Raju Raghuram Shetty

Case brief

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What did the court decide?

Ananda S/O Chandrashekhara Shivapooji v. Raju Raghuram Shetty

Case brief

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What did the court decide?

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