The High Court dismissed a writ petition challenging a municipal order demolishing unauthorized construction on the petitioner's property, finding no infirmity in the action taken by the respondent.
Petitioner directed to make a representation for regularization; respondent to consider the same.
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.
NC: 2023:KHC-D:12986 WP No. 104498 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 104498 OF 2016 (LB-UC)
BETWEEN:
SRI GANESH S/O. NARASIMHA BHOMKAR, AGE: 49 YEARS, OCCUPATION: BUSINESS, R/O: MURALIDHAR MATH ROAD, KARWAR-581301, TALUK & DISTRICT: KARWAR.
…PETITIONER
(BY SRI M. KUSUMAKAR & SMT. RAJASHREE, ADVOCATES)
AND:
THE COMMISSIONER, CITY MUNICIPAL COUNCIL, KARWAR, TALUK & DISTRICT: KARWAR-581301.
ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T
…RESPONDENT
(BY SRI S.V. YAJI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTIONS IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE CUM ORDER ISSUED BY THE RESPONDENT, BEARING NO.NASAKA:KAVI:KAPAVI/VIVARA-1/2016-17 DATED:01.06.2016, I.E. ANNEXURE-J; ISSUE A WRIT OR ORDER OR DIRECTIONS IN THE NATURE WRIT OF MANDAMUS BY DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION DATED:08.06.2016, GIVEN BY THE PETITIONER I.E., ANNEXURE-K, IN ACCORDANCE WITH THE LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Advocates for the petitioner and the respondent are absent.
respondent shall consider the same in accordance with law
and pass appropriate orders.
Sd/JUDGE
RH List No.: 1 Sl No.: 38
1 issue framed by the court
Whether the High Court should have quashed the municipal order demolishing unauthorized construction?
1 provisions across 1 enactments
SRI GANESH S/O. NARASIMHA BHOMKAR
COMMISSIONER, CITY MUNICIPAL COUNCIL, KARWAR
M.I. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
