Allowed

Ayub S/O Abdulkhadar Nalabandh v. the Commissioner

Karnataka HC19 Feb 2024WP/101317/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging orders passed by the District and Sessions Judge and the Municipal Commissioner regarding unauthorized occupancy proceedings initiated for an incorrect property number. The court quashed the orders and reserved liberty for a fresh notice.

What did the court decide?

Certiorari issued quashing the orders dated 16.12.2022 and 28.10.2020; liberty reserved to respondent to issue fresh notice.

Ayub S/O Abdulkhadar Nalabandh Vs the Commissioner — Land Acquisition | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:3901 WP No. 101317 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF FEBRUARY, 2024 BEFORE

¶4

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101317 OF 2023 (GM-PP)

¶5

BETWEEN:

¶6

AYUB S/O. ABDULKHADAR NALABANDH AGE: 54 YEARS, OCC: BUSINESS, R/O. T.P.NO.46A, WARD NO.10, STATION ROAD, BAGALKOTE, TQ AND DIST: BAGALKOTE.

¶7

…PETITIONER

¶8

(BY SRI.N.L.BATAKURKI, ADVOCATE)

¶9

AND:

¶10

THE COMMISSIONER CITY MUNICIPAL COUNCIL, NAVANAGAR BAGALKOTE, TQ AND DIST: BAGALKOT-587201.

¶11

…RESPONDENT

¶12

(BY SRI.G.K.HIREGOUDAR, ADVOCATE FOR CAVEAT/RESPONDENT NO.1)

¶13

Digitally signed byYASHAVANT YASHAVANT NARAYANKAR NARAYANKAR Date: 2024.02.20 16:28:52 +0530

¶14

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 16-122022 PASSED BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE BAGALKOT IN MISCELLANEOUS APPEAL NO. 16/2020 AS PER ANNEXURE-F AND ORDER DATED 28-10-2020 PASSED BY RESPONDENT NO.1 IN CASE NO. 1638/2020/807 AS PER ANNEXURE-C AND ETC.

¶15

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

¶16

2 - NC: 2024:KHC-D:3901 WP No. 101317 of 2023

¶17

ORDER

¶18

The petitioner is before this Court seeking the following reliefs:

¶19

I. Issue a writ in the nature of certiorari quashing the order dated 16-12-2022 passed by the court of Principal District and Sessions Judge Bagalkot in Miscellaneous Appeal No. 16/2020 as per Annexure-F and order dated 28-10-2020 passed by respondent no.1 in Case No. 1638/2020/807 as per ANNEXURE-C in the interest of justice and equity.

¶20

II. Grant such other relief/s as this Hon’ble Court may deem fit in the circumstances of the case.

¶21

The grievance of the petitioner is that without issuing notices under Section 4(1) of The Karnataka Public Premises (Eviction Of Unauthorised Occupants) Act - 1974 insofar as the premise bearing No.46A situated at Ward No.10 of Bagalkote, the proceedings have been taken up and orders have been passed against the petitioner though the notices, which had issued to the petitioner is one relating to premises No.46.

¶22

Learned counsel for the respondent was called upon to place on record if there is any acknowledgment of any notices having been issued in respect of

¶23

3 - NC: 2024:KHC-D:3901 WP No. 101317 of 2023

¶24

premises bearing No.46A. However, no such acknowledgment having been place on record. In that view of the matter, I pass the following:

¶25

ORDER

¶26

i) The writ petition is allowed.

¶27

ii) A certiorari is issued, the order dated 16.12.2022 passed by learned Principal District and Sessions Judge, Bagalkot in Miscellaneous Appeal No.16/2020 vide Annexure-F and the order dated 28.10.2020 passed by respondent No.1 in Case No.1638/2020/807 vide Annexure-C are quashed.

¶28

iii) Liberty is however is reserved to the respondent to issue a fresh notice in respect of the property in question on the petitioner and thereafter, proceed under The Karnataka Public Premises (Eviction Of Unauthorised Occupants) Act.

¶29

4 - NC: 2024:KHC-D:3901 WP No. 101317 of 2023

¶30

iv) In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

¶31

Sd/JUDGE

¶32

AM List No.: 1 Sl No.: 62

Ayub S/O Abdulkhadar Nalabandh v. the Commissioner

Case brief

What is this about?

What did the court decide?

Ayub S/O Abdulkhadar Nalabandh v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Basaveshwara Rice Industries Vs the Managing Director

Sri.Shankar S/O. Kalagouda Astekar Vs the Chief Secretary

Mohammed Rafiq S/O Fakirsab Nadaf Vs Yasmin Banu W/O Mohammed Rafiq Nadaf

Dharwad District Veer Rani Kittur Channamma Shiksan Sanste (R) Jodalli Vs the State of Karnataka

Sri. Sudharamsagar Ningappa Jabannavar, Vs Shri Parshwanth Digambar Jain Mandir

Shri Allabaksh Hayatsab Mujawar and Ors. Vs Shri Buddesab Rajesab Bhairakdar and Ors.