Dismissed¶35

Iraram S/O Thakaram Choudari Alias Kalabi Alias Patel v. the Deputy Commissioner

Karnataka HC6 Feb 2025WP/100825/2025

Case brief

AI extract

What is this about?

Karnataka High Court Dharwad Bench; maintainability of writ petition against exparte ad-interim order of Deputy Commissioner in pending revision petition; certiorari under Articles 226 and 227; Annexure-F interim order dated 07.01.2025; Revision Petition BGM/DUDC/APPEAL/CR/02/2024-25-1748; restraint on construction; remedy is objections before Deputy Commissioner; writ petition dismissed with liberty; orders on objections within reasonable time; Suraj Govindaraj J.; Iraram v. Deputy Commissioner Belagavi.

What did the court decide?

No relief on the writ; liberty reserved to the petitioner to agitate all grievances before the Deputy Commissioner, with the expectation that orders on his objections be passed within a reasonable period of time. ¶35

Iraram S/O Thakaram Choudari Alias Kalabi Alias… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:2301 WP No. 100825 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 100825 OF 2025 (LB-RES)

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BETWEEN:

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IRARAM S/O THAKARAM CHOUDARI @ KALABI @ PATEL AGE. 40 YEARS OCC. BUSINESS R/O.NEAR KITTURKAR PETROL PUMP OLD P.B.ROAD, SANKESHWAR TOWN TQ. HUKKERI DIST. BELAGAVI-591313

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…PETITIONER

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(BY SRI. KIRANKUMAR CHATTIMATH,ADVOCATE)

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AND:

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GIRIJA A BYAHATTI

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Digitally signed by GIRIJA A BYAHATTI Location: High Court ofKarnataka, DharwadBench Date: 2025.02.14 15:25:51 +0530

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THE DEPUTY COMMISSIONER BELAGAVI TQ. DIST. BELAGAVI-591313

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THE CITY MUNICIPAL COUNSEL SANKESHWAR REP BY ITS CHIEF OFFICER TQ. HUKKERI DIST. BELAGAVI-591313

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NASEER S/O BURHANUDDIN MOMIN AGE. 71 YEARS OCC. BUSINESS R/O.H.NO.3863 NEAR NURANI MASJID NIDASOSHI ROAD,

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NC: 2025:KHC-D:2301 WP No. 100825 of 2025

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SANKESHWAR TOWN TQ. HUKKERI DIST. BELAGAVI-591313

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…RESPONDENTS

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(BY SRI. V.S. KALASURMATH., AGA FOR R1; NOTICE TO R2-R3 IS D/W)

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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 AND QUASH THE INTERIM ORDER PASSED BY THE RESPONDENT NO.1 BEARING NO.BGM/DUDC/APPEAL/CR/02/2024-25-1748 DATED 07/01/2025 VIDE ANNEXURE-F AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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

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Learned AGA accepts notice for respondent No.1. Notice to respondents No.2 and 3 is dispensed with in view of the proposed order to be passed.

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

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i. To issue a writ in nature of Certiorari and quash the Interim Order passed by the R1 bearing No. BGM/DUDC/APPEAL/CR/02/2024-25-1748, dated 07.01.2025 vide Annexure-F

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NC: 2025:KHC-D:2301 WP No. 100825 of 2025

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ii. To issue any other writ or direction as this Hon’ble Court may deem fit in the interest of justice and equity.

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The petitioner is aggrieved by the interim order passed by respondent No.1-Deputy Commissioner in Revision Petition No. BGM/DUDC/APPEAL/CR/02/2024-25-1748 dated 7.01.2025 at Annexure-F.

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Having gone through the said order, it is seen that the petitioner is respondent in those proceedings and an exparte interim order has been passed. If at all the petitioner is aggrieved by the same, it is for the petitioner to file necessary objections in the said proceedings and place his contentions before respondent No.1 for consideration. The present petition challenging the exparte ad- interim order passed by respondent No.1-Deputy Commissioner in a Revision Petition is not maintainable, hence, the petition is dismissed reserving liberty to the

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NC: 2025:KHC-D:2301 WP No. 100825 of 2025

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petitioner to agitate all his grievances before the Deputy Commissioner.

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Needless to say that since exparte order restraining construction has been passed, the orders on the objections filed by the petitioner will have to be passed within a reasonable period of time.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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List No.: 1 Sl No.: 27

Iraram S/O Thakaram Choudari Alias Kalabi Alias Patel v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Iraram S/O Thakaram Choudari Alias Kalabi Alias Patel v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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