Disposed

Mr. Ahmed Rafiq v. the Town Municipality

Karnataka HC23 Sept 2024WP/24387/2023

Case brief

AI extract

What is this about?

A building owner sought a mandamus directing the town municipality to issue a door number and NOC for electrical installation, his application having gone unconsidered. The court disposed of the writ petition directing the municipality to consider the application and assign the door number within one month.

What did the court decide?

Respondent directed to consider the application and assign door number within one month; liberty reserved to act on plan violations.

Mr. Ahmed Rafiq Vs the Town Municipality — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:39455 WP No. 24387 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 24387 OF 2023 (LB-RES)

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BETWEEN:

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MR. AHMED RAFIQ AGED ABOUT 60 YEARS S/O KHAJI IBRAHIM SAHEB SIDDA NAYAKANA ROAD KUNDAPURA, KASABA UDUPI DISTRICT 576201

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…PETITIONER

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(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

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AND:

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Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA

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THE TOWN MUNICIPALITY KUNDAPURA 576201 UDUPI TALUK AND DISTRICT REP. BY ITS CEO

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…RESPONDENT (BY SRI. AJITH ANAND SHETTY, ADVOCATE [VK NOT FILED])

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ISSUE A DOOR NUMBER AND NOC AS SOUGHT IN THE APPLICATION DATED 28/02/2022 (ANNEXURE-D); ALLOW THIS WRIT PETITION.

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2 - NC: 2024:KHC:39455 WP No. 24387 of 2023

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

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioner has filed this writ petition seeking for a mandamus directing the respondent to issue a door number and NOC as sought in the application dated 28.02.2022 vide Annexure-D.

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It is the case of the petitioner that, the petitioner claims to be the owner of land bearing Sy.No.64/19 situated at Kundapura Kasaba in Udupi District and the said land was converted into commercial purpose. The petitioner after obtaining necessary permission from the concerned authority constructed a building and thereafter, submitted an application for issuing of door number and seeking NOC to the electrical installation. The respondent has not considered the application. Hence, this writ petition.

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3 - NC: 2024:KHC:39455 WP No. 24387 of 2023

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Heard the learned counsel for the petitioner and

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also the learned counsel for the respondent.

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Learned counsel for the petitioner submits that, the petitioner after obtaining necessary permission by the concerned authority, constructed a building and thereafter, submitted an application for issue of door number and NOC to electrical installation, but the respondent has not passed any order on the said application. Hence, on these grounds, he prays to allow the writ petition.

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Per contra, learned counsel for the respondent

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submits that the adjacent owner of the building of the petitioner has lodged the complaint against the petitioner alleging that the petitioner has constructed a building by violating sanctioned plan. He submits that the liberty be reserved to the respondent to initiate the proceedings against the petitioner. He submits that the respondent will consider the application and pass an appropriate order, in accordance with law. Hence, on these grounds, he prays to dismiss the writ petition.

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4 - NC: 2024:KHC:39455 WP No. 24387 of 2023

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Perused the records and considered the

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submissions of the learned counsel for the parties.

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Admittedly, the petitioner had obtained permission from the concerned authority and constructed a building. After constructing a building, the petitioner has submitted an application to assign the door number to the building constructed by the petitioner and to issue NOC to install electricity connection. The respondent has not considered the said application. Learned counsel for the respondent submitted that if reasonable time is granted, the respondent will consider the grievance of the petitioner and pass an appropriate order, in accordance with law.

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In view of the same, the writ petition is disposed of directing the respondent to consider the application of the petitioner and assign the door number to the building, within a period of one month from the date of receipt of a certified copy of this order.

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NC: 2024:KHC:39455 WP No. 24387 of 2023

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Liberty is reserved to the respondent to take

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appropriate action in case if the petitioner has constructed

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a building in violation of sanctioned plan.

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Sd/(ASHOK S.KINAGI) JUDGE

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SSB

Mr. Ahmed Rafiq v. the Town Municipality

Case brief

What is this about?

What did the court decide?

Mr. Ahmed Rafiq v. the Town Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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