Allowed

Nijalingappa v. the Commissioner

Karnataka HC13 Nov 2024WP/204497/2019

Case brief

AI extract

What is this about?

In this writ under Articles 226/226, the Court set aside an endorsement requiring a petitioner to surrender land for a road due to ambiguity and lack of opportunity to be heard, remitting the matter to the Commissioner for fresh reconsideration.

What did the court decide?

The impugned endorsement dated 17.07.2019 was set aside. The matter was remitted to the 1st respondent for reconsideration afresh with liberty to the petitioner to place additional material.

Nijalingappa Vs the Commissioner — Municipal and Town Planning | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 204497 OF 2019 (GM-RES)

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BETWEEN:

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NIJALINGAPPA S/O HANMANTHAPPA@ HANMANTHRAYA AGED ABOUT: 40 YRS OCC: BUSINESS & AGRICULTURE RESIDENT OF H.NO. 3-87, VILLAGE KAPNOOR TQ & DIST KALABURAGI – 585 104.

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…PETITIONER

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(BY SRI. VIKRAM VIJAY KUMAR,ADVOCATE)

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AND:

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Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER URBAN DEVELOPMENT AUTHORITY MAIN ROAD, ADJACENT TO MINI VIDHANA SOUDA KALABURGI – 585 101.

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MEMBER CITY PLANNING AND

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PUBLIC INFORMATION OFFICER

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URBAN DEVELOPMENT AUTHORITY

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KALABURGI – 585 101.

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…RESPONDENTS

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(BY SRI. SHIVAKUMAR TENGALI, AGA FOR R-1 R-2 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI BE ISSUED QUASHING THE LETTER BEARING NO. � � � � �� �� �� DATED 17.07.2019 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-F.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

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In this petition, petitioner seeks for the following reliefs:-

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“ A) A writ of certiorari be issued quashing the letter bearing No �� Dated: 17.07.2019 issued by the Respondent No.2 vide Annexure-F.

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B) A direction be issued to respondent to consider application made by the petitioner seeking approval of the layout plan relating to Sy No.147/3 situated in Kapnoor village, Tq and District Kalaburagi and take a decision in accordance with law.

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C) Such other writ, direction or order as this Hon’ble Court may deem just and expedient in the circumstances of the case.”

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Heard learned counsel for both sides and perused the material on record.

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A perusal of the material on record will indicate that pursuant to the petitioner submitting an application on 31.08.2018

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for approval of a commercial layout, the petitioner was called upon by the respondents to deposit the requisite fee which was deposited by him on 16.03.2019 and the repeated requests made by the petitioner to the respondents for approval of the layout plan culminated by issuance of the impugned Endorsement at Annexure-F, whereby the petitioner was called upon to relinquish the portions of the land for the purpose of road as enacted in the impugned communication / Endorsement, which is assailed in the present petition.

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It is the contention of the learned counsel for petitioner that there is an ambiguity / discrepancy as regards which portion of the land is to be surrendered / relinquished and consequently, the impugned Endorsement which has already been issued without providing sufficient and reasonable opportunity to the petitioner, thereby violating the principles of natural justice, deserves to be set aside and the matter be remitted back to the respondents for reconsideration afresh in accordance with law.

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Per contra, learned AGA for the 1^st respondent submits that the respondents would reconsider the application for approval

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of the layout plan submitted by the petitioner in accordance with law.

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In view of the aforesaid facts and circumstances and the patent / apparent, discrepancy / ambiguity / dichotomy in the impugned communication / endorsement which lacks material details and particulars as regards the existence of land and its location for the purpose of road, coupled with the fact that sufficient and reasonable opportunity was not provided to the petitioner before issuing the impugned Endorsement, I deem it just and appropriate to set aside the impugned communication / Endorsement at Annexure-F dated 17.07.2019 and remit the matter back to the 1^st respondent for reconsideration afresh in accordance with law.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned order at Annexure-F dated 17.07.2019

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issued by the 2^nd respondent is hereby set aside.

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(iii) The matter is remitted back to the 1^st respondent for reconsideration afresh in accordance with law.

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(iv) Liberty is reserved in favour of the petitioner to file additional pleadings, documents etc., before the 1^st respondent, who shall consider the same and provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law.

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(v) All rival contentions on all aspects of the matter are kept

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open and no opinion is expressed on the same.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl. List No.: 1 Sl No.: 50

Nijalingappa v. the Commissioner

Case brief

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Nijalingappa v. the Commissioner

Case brief

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