Allowed¶38

Sri Imam Jafar S/O Abdulrchaman Bepari v. the Chief Engineer

Karnataka HC18 Aug 2025WP/100241/2025

Case brief

AI extract

What is this about?

Bagalkot Town Development Authority; NOC; Resolution No.122; application dated 08.08.2024; endorsement dated 19.12.2024 withdrawn; mandamus to consider application; certiorari; Articles 226 and 227; four weeks timeline; Chief Engineer; Rehabilitation Officer; Suraj Govindaraj J; Dharwad Bench; WP No. 100241 of 2025 (GM-RES); NC: 2025:KHC-D:10364.

What did the court decide?

Mandamus directing the respondents to consider the petitioner's application dated 08.08.2024 (Annexure-D) seeking NOC in terms of Resolution No.122 and pass necessary orders within four weeks from receipt of a certified copy of the order; the prayer to quash the endorsement dated 19.12.2024 became infructuous upon its withdrawal by the respondents. ¶38

Sri Imam Jafar S/O Abdulrchaman Bepari Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned cyclostyle order/letter/notice/endorsement dated 19.12.2024 bearing No. Pu A/Ba Pa A Pra/CR/2024-25/2388 passed by Respondent No.2 (Annexure-F) should be quashed by a writ of certiorari. +1 more

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Court's answer

During the pendency of the writ petition, the respondents withdrew the endorsement dated 19.12.2024 (Annexure-F), rendering the petitioner's prayer at Sl.No.(i) (certiorari against the endorsement) infructuous.

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Ratio / Principle

The writ petition is allowed.

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Key takeaways

A mandamus is issued directing the respondents to consider the petitioner's application dated 08.08.2024 (Annexure-D) and pass necessary orders within a period of four weeks from the date of receipt of a certified copy of the order.ratio¶39

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench (Suraj Govindaraj J), challenging a cyclostyle order/letter/notice/endorsement dated 19-12-2024 (No. PU A/BA PA A PRA/CR/2024-25/2388) passed by Respondent No.2 (Rehabilitation Officer, Bagalkot Town Development Authority) at Annexure-F, and seeking a mandamus for issuance of NOC in terms of Resolution No.122 pursuant to the petitioner's application dated 08.08.2024 (Annexure-D). During pendency the respondents withdrew the endorsement, rendering the certiorari prayer infructuous. The Court allowed the petition and issued a mandamus directing the respondents to consider the application dated 08.08.2024 and pass necessary orders within four weeks of receipt of a certified copy of the order.

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NC: 2025:KHC-D:10364 WP No. 100241 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100241 OF 2025 (GM-RES)

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BETWEEN:

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SRI IMAM JAFAR S/O. ABDULRCHAMAN BEPARI, AGED ABOUT 47 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 71, PLOT NO. B - 90, NAVANAGAR, BAGALKOT.

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…PETITIONER

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(BY SRI. PRUTHVI K S,ADVOCATE)

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AND:

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THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 587 103.

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GIRIJA A. BYAHATTI

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Digitally signed by GIRIJAA. BYAHATTI Location: High Court ofKarnataka, Dharwad BenchDate: 2025.08.19 15:27:48+0530

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THE REHABILITATION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 587 103.

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…RESPONDENTS

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(BY SRI. SANJAY CHANAL., ADVOCATE FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED CYCLOSTYLE ORDER/ LETTER/ NOTICE / ENDORSEMENT DATED. 19-12-2024 BEARING NO. PU A/BA PA A PRA/CR/2024-25/2388, PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-F AND ETC.,

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

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NC: 2025:KHC-D:10364 WP No. 100241 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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i. Issue a writ in the nature of certiorari to quash the impugned cyclostyle order/letter/notice/ endorsement dated 19.12.2024 bearing No. Pu A/Ba Pa A Pra/CR/2024-25/2388, passed by the Respondent No.2 vide Annexure-F;

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ii. Issue a writ in the nature of Mandamus directing the respondents to issue NOC in terms of Resolution No. 122 as sought in the application dated 08.08.2024, vide Annexure-D.

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iii. Pass such other orders or direction as this Hon’ble Court deems just and proper under the facts and circumstances of the case, in the interest of justice and equity.

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During the pendency of the above matter, the respondents have withdrawn the endorsement dated 19.12.2024 at Annexure–F, rendering the prayer at Sl.No.(i) infructuous.

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NC: 2025:KHC-D:10364 WP No. 100241 of 2025

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HC-KAR

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A short grievance of the petitioner is that a request made by the petitioner for issuance of NOC in terms of Resolution No.122 vide an application dated 08.08.2024 at Annexure-D has not been considered. It has been more than a year since the said application has been filed by the petitioner. It would therefore be required for the respondents to consider the said application and pass necessary orders at the earliest. As such, I pass the following:

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ORDER

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i. The writ petition is allowed .

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ii. A mandamus is issued, directing the respondents to consider the application of the petitioner dated 08.08.2024 at Annexure -D and pass necessary orders within a period of four weeks from the date of receipt of a certified copy of this order.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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SR/List No.: 1 Sl No.: 65

Sri Imam Jafar S/O Abdulrchaman Bepari v. the Chief Engineer

Case brief

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Sri Imam Jafar S/O Abdulrchaman Bepari v. the Chief Engineer

Case brief

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