Petitioner challenged an order quashing his sanctioned construction plan for violation. Court dismissed writ petition but permitted removal of unauthorized construction and application for fresh sanction plan.
Permission granted to remove unauthorized construction and apply for a fresh sanction plan in accordance with law.
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NC: 2023:KHC-D:14114 WP No. 102109 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 102109 OF 2023 (LB-RES)
BETWEEN:
ASHOK S/O. HANAMANTAPPA DEEPALI, AGE: 56 YEARS, OCC: BUSINESS, R/O. JUNIPETH, RAMADURGA, TQ: RAMADURGA, DIST: BELAGAVI-591123.
…PETITIONER
(BY SRI RAGHAVENDRA A. PUROHIT, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
THE TALUKA MUNICIPALITY OFFICE, RAMADURGA, TQ: RAMADURGA, DIST: BELAGAVI-591123, REPRESENTED BY IT’S CHIEF OFFICER.
…RESPONDENT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED BY RESPONDENT BEARING NO.PuSaRa/Ka.Vi/ CR/KaPa/2022-23/148, DATED 17/09/2022 VIDE ANNEXURE-H, AS NULL AND VOID.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner obtained necessary permission from the respondent to put up construction of his property bearing CTS No.3081/2 situated at Junipeth, Ramdurg, but the construction was put up in violation of the sanctioned plan. Hence respondent has passed the impugned order canceling the sanctioned plan and further prohibited him from putting up additional construction. Aggrieved by the same, the present writ petition is filed.
petitioner is willing to remove that portion of constructed area which is built in violation of the sanctioned plan and if he were to apply for fresh sanction plan in the manner known to law, the same will be considered and appropriate orders will be passed in accordance with law.
ORDER
Writ petition is hereby dismissed. However, the petitioner is given permission to remove the construction which is put up in violation of the sanctioned plan and
NC: 2023:KHC-D:14114 WP No. 102109 of 2023
make necessary application to the respondent for grant of fresh sanction plan and put up additional construction only after receiving approval from the respondent in the
manner known to law.
Sd/JUDGE
gab ct-mck List No.: 1 Sl No.: 55
3 issues framed by the court
Whether the impugned order canceling the sanctioned plan and prohibiting further construction should be quashed.
Whether the petitioner can be permitted to remove the violation construction and apply for a fresh sanction plan.
Whether the petitioner is required to follow the law for granting of additional construction plans.
1 provisions across 1 enactments
ASHOK S/O. HANAMANTAPPA DEEPALI
GIRIJA A BYAHATTI
THE TALUKA MUNICIPALITY OFFICE, RAMADURGA
M.I.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
