IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.5372-5373/2019 (LB-RES) BETWEEN BUILDERS NGV CLUB, NATIONAL GAMES VILLAGE, KORAMANGALA, BANGALORE - 560047.
REPRESENTED BY ITS SECRETARY, MR.RAVINDRA K.J. ... PETITIONER (BY SRI.SHARATH.G, ADVOCATE) AND 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF HOUSING, MS BUIDLING, DR.B.R.AMBEDKAR VEEDI, BANGALORE – 560001.
2. KARNATAKA HOUSING BOARD, KAVERY BHAVAN BUILDING, K.G.ROAD, BANGALORE - 560009.
REPRESENTED BY ITS AUTHORISED OFFICER 3. ASSISTANT EXECUTIVE ENGINEER, NATIONAL GAMES SUB DIVISION, KARNATAKA HOUSING BOARD, KORAMANAGALA, BANGALORE – 560047. ... RESPONDENTS (BY SRI.G.NARASIREDDY, AGA FOR R1; SRI.VENUGOPAL C.N, ADVOCATE FOR C/R2; SRI.BASAVARAJ V.SABARAD, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE THIRD FINAL SHOW CAUSE NOTICE DATED 01.01.2019 AS PER ANNEXURE-J ISSUED BY R-3 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner is knocking at the doors of the Writ Court for assailing the order dated 01.01.2019 styled as show cause notice issued by the 3rd respondent herein at Annexures – J & K whereby, the contesting respondent who has directed him to demolish the alleged illegal construction or part thereof on his own, failing which, the respondents would accomplish the said job at the cost of the petitioner.
2. After service of notice, the respondent Nos.2 & 3 having entered appearance through their Senior Panel Counsel submit that the impugned notices at Annexures – K & K are only a show cause notice and therefore, the petitioner is entitled to show cause; regardless of their text & context; thus, the petitioner is given an opportunity to show cause ; therefore, he could not have readily knocked at the doors of this Court. So contending, they seek dismissal of the writ petitions.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court grants indulgence in the matter because:
a) ordinarily, this court does not grant indulgence in the matters which involve only a challenge to the show cause notices as such; going by the text & context of the impugned Annexure – J, apparently it is difficult to treat the same as a mere cause notice inasmuch as it directs demolition of alleged unauthorized structure put up in contravention of the building plan; and, b) since the contesting respondents submit that the subject notice at Annexure-J be read down on par with the notice at Annexure-K as a show cause notice, this Court is of a considered opinion that, justice would be done to the petitioner by granting him time to reply to the said notices within a period of four weeks; till then, no precipitatory action would be taken by the contesting respondents under the impugned notices; it is open to the said respondents to grant some more time if asked for by the petitioner on showing reasonable grounds.
The Writ Petitions are accordingly disposed off, all contentions of the parties having been kept open.
No costs.
Sd/- JUDGE cbc