K Narayana Prabhu v. the Commissioner
Case brief
What is this about?
Writ petition allowed under Articles 226 and 227; appellate order in Misc. Appeal No.15/2016 dated 24.03.2017 (IV Addl. District & Sessions Judge, Dakshina Kannada, Mangalore) set aside; matter remanded to Commissioner, Mangalore City Corporation, to reconsider whether petitioner had only repaired the earlier structure or erected a new structure / increased plinth area; appellate conclusion based on definitions of construction, reconstruction and repair and on photographs held unsustainable in the absence of findings/reasons by the Commissioner; Justice N S Sanjay Gowda; High Court of Karnataka, 12-02-2025; WP No. 17162 of 2017 (LB-RES).
What did the court decide?
Writ petition allowed; order of the Appellate Court in Misc. Appeal No.15/2016 dated 24.03.2017 set aside; matter remanded to the Commissioner, Mangalore City Corporation, with a direction to reconsider and specifically deal with the petitioner's contention that he had only repaired the earlier structure and had not erected a new structure.