Petitioner challenged orders regarding unauthorized construction and appeal remand via writ petition. Court dismissed petition at admission stage as a later confirmatory order in his favor rendered interference unnecessary without resolving the lis.
Writ petition dismissed at the stage of admission.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.104215/2021 (LB-RES)
BETWEEN:
MR. BASAVARAJ MURGEPPA KHADABADI, AGE 63 YEARS, OCC: BUSINESS, R/O. 4013/2B/2, GANACHARI GALLI, BELAGAVI - 590010
…PETITIONER
(BY SRI. SHREEVATSA HEGDE AND SRI. SOURABH HEGDE, ADVOCATES)
AND:
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER 28.05.2021 IN MA NO.95/2017 ON THE FILE OF X ADDL. DIST AND SESSIONS JUDGE, BELAGAVI VIDE ANNEXURE-1 AND THE ORDER PASED BY THE COMMISSIONER DATED 06.12.2017 IN CCB/PWD/TPO/UCSR/20/2016-117/N VIDE ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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finding that there was an excess or unauthorized construction to an extent of 17.96 square meters directed the petitioner to remove the same within a period of seven days, failing which the officers of the corporation would demolish the access construction.
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Sd/JUDGE
*Svh/-
1 issue framed by the court
Whether the present writ petition seeking setting aside of orders regarding excess construction requires determination of the lis before being dismissed by the Court.
Mr. Basavaraj Murgeppa Khadabadi
The Commissioner, City Corporation, Belagavi
Mr. Prakash Veerappa Kankanwadi
Smt. Shoba Mahableshwar Kankanwadi
Kum. Gagan Mahableshwar Kankanwadi
Smt. Vijaya Basavaraj Patil
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
