IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV Writ Petition No. 47403 of 2018 (LB-RES) Between :
Smt. H. C. Nagarathna Wife of Late D. D. Srinivas Aged about 53 years, Residing at Srinivas Nilaya Ward No.12 Hemavathi Nagar Hassan-573201.
(By Sri M. S. Bhagwat, Advocate) And :
1. The Commissioner Hassan Urban Development Authority B. M. Road, Hassan – 573201.
2. The Commissioner City Municipal Council B. M. Road, N. R. Circle Hassan – 573201.
... Petitioner ... Respondents (By Sri A Ravishankar, Advocate for respondents No.1 and 2) This petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records pertaining to the impugned cancellation order dated 29.02.2016 (Annexure-D) and quash the impugned cancellation of commencement certificate dated 29.02.2016 issued by respondent No.2 Annexure-D.
This petition coming on for orders this day, the court made the following :
ORDER The petitioner has challenged the order at Annexure - D, whereby the Commencement Certificate issued has come to be cancelled by respondent No.2.
2. Counsel appearing for respondents fairly submits that prior to passing of the order at Annexure- D, no notice has been served. It is clear that the Commencement Certificate is issued in terms of Section 187(2) of the Karnataka Municipalities Act, 1964 (for brevity, ‘K.M. Act’) and if any action is to be taken as regards revoking the same in terms of the power conferred under Section 188 of the K.M. Act notice ought to be issued, reasonable opportunity ought to be afforded to the person who is affected to show-cause as to why such order should not be made.
3. In the light of the fact that no such opportunity has been provided, without adverting to the merits of the contentions raised, the order at Annexure- D is set aside. Liberty is reserved to the respondents to take action as regards the violation complained of and noted at Annexure-D after providing an opportunity in accordance with Section 188 of the K.M. Act. Accordingly, petition is disposed of.
4. It is made clear that till fresh proceedings are taken and concluded, as regards the violation as made out at Annexure-D, the petitioner would not carry on construction, as such action, would prejudice the proceedings to be taken relating to cancellation of commencement certificate. However, the proceedings to be initiated by the respondents is to be initiated and concluded within a period of not later than four weeks from the date of release of the order.
Sd/- JUDGE hnm