Disposed

Sri Gopalachar K R v. State of Karnataka

Karnataka HC6 Nov 2024WP/22885/2024

Case brief

AI extract

What is this about?

Petitioners sought directions to the Hiriyur City Municipal Council to consider their online applications for building plan sanction and construction licence filed in August 2023 but not acted upon. The Court directed the Commissioner to communicate the status or rejection by a specified date.

What did the court decide?

Direction to third respondent Commissioner to inform petitioners of status/approval or rejection of building plan applications by 15.01.2025.

Sri Gopalachar K R Vs State of Karnataka — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:44739 WP No. 22885 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22885 OF 2024 (LB-RES)

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BETWEEN:

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SRI GOPALACHAR K R S/O SRI RAMASUNARACHAR, AGED ABOUT 49 YEARS, R/AT BAMBUBAJAR ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA 577 143.

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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SRI BHARATHKUMAR P S/O SRI PRAKASHACHAR R, AGED ABOUT 34 YEARS,

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SRI CHETHAN KUMAR P S/O SRI PRAKASHACHAR R, AGED ABOUT 30 YEARS,

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P2 AND P3 ARE R/AT ASHOKA ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA - 577 143

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…PETITIONERS

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(BY SRI. GIREESHA RJ., ADVOCATE)

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NC: 2024:KHC:44739 WP No. 22885 of 2024

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF TOWN PLANNING, M S BUILDING, BENGALURU - 560 001.

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THE COMMISSIONER

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CHITRADURAG URBAN DEVELOPMENT, AND TOWN PLANNING AUTHORITY, CHITRADURGA - 577 501.

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THE COMMISSIONER HIRIYUR CITY MUNICIPAL COUNCIL, HIRIYUR - 577 143.

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…RESPONDENTS

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(BY SRI. RAHUL CARIAPPA, AGA FOR R1;

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SRI. S. MAHESH, ADVOCATE FOR R2 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO CONSIDER THE ONLINE APPLICATIONS SUBMITTED BY PETITIONERS I.E. VIDE APPLICATION NOS. HYRLBPAS-11713/2023-24/BP, HYR-LBPAS11710/2023-24/BP AND HYR-LBPAS-11711/202324/BP, PRODUCED AT ANNEXURE-G, G1 AND G2; DIRECT THE 3RD RESPONDENT OT CONSIDER THE REPRESENTATION DATED 29.07.2024 SUBMITTED BY THE PETITIONERS, PRODUCED AT VIDE ANNEXURE-H

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2024:KHC:44739 WP No. 22885 of 2024

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CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners assert ownership of certain properties on Hiriyur Main Road, Hiriyur Town, and they seek directions to the third respondent to consider their online applications for sanction of a Building Plan and License to commence construction. The petitioners rely upon acknowledgments [ as per Annexures - G, G1 an G2 ] to contend that the applications for sanction of a Building Plan/License are filed on 28.08.2023. The petitioners contend that these applications have not been considered despite all these months.

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Sri. S. Mahesh, a learned standing counsel for the second and third respondents who is called upon to accept notice for these respondents, is heard in the light of this grievance. This Court must observe that the third respondent, if indeed applications are filed

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NC: 2024:KHC:44739 WP No. 22885 of 2024

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as now stated, must inform the petitioners about the outcome of the consideration of such applications and they cannot be made to await indefinitely. The third respondent must complete this exercise within a timeframe. Further, if the third respondent can ascertain that applications are not filed on 28.08.2023, the petitioners must also be informed accordingly within a timeframe. Hence, the following:

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ORDER

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a. The petition stands disposed of directing the third respondent - the Commissioner, Hiriyur City Municipal Council - to inform the petitioners about the status of the applications for approval of the Building Plan by 15.01.2025 if the petitioners file a certified copy of this order on or before 30.11.2024.

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b. It is needless to observe that if the third respondent ascertains that the petitioners

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NC: 2024:KHC:44739 WP No. 22885 of 2024

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are not entitled for approval of the building Plan, there shall be appropriate communication in that regard to the petitioners before 15.01.2025.

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Sd/(B M SHYAM PRASAD) JUDGE

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Sri Gopalachar K R v. State of Karnataka

Case brief

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Sri Gopalachar K R v. State of Karnataka

Case brief

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