IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.29997/2018 (LB-RES) Between:
Mahila Seva Samaja (R), Onake Obavva Circle, Chithradurga – 577 501, Represented by its Secretary.
(By Sri Venugopal M.S., Advocate) And:
1. The Commissioner, City Municipal Council, Chithradurga – 577 501.
… Petitioner 2. Smt. Rama Nagaraj N., W/o Nagaraj H.N., Aged about 61 years, Resident of 1st Cross, V.P.Extension, Chithradurga – 577 501. … Respondents (By Sri S.Mahesh, Advocate for R-1; Sri K.K.Vasanth, Advocate for R-2) This writ petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the office order dated 06.07.2018 issued by the respondent No.1 vide Annexure-G and etc.
This writ petition coming on for orders this day, the Court made the following:
ORDER The petitioner has challenged the notice at Annexure-G dated 06.07.2018 and has contended that there is no proper consideration of the objections.
2. Sri S.Mahesh, learned counsel appearing for the first respondent Authority has filed statement of objections and has pointed out that sufficient opportunity has been given to the petitioner and that the order challenged at Annexure-G is a provisional order. It is contended that the construction has been carried on without any sanctioned plan and that the earlier sanctioned plan had lapsed and the same has not been renewed.
3. However, noting that under Section 187(9)(a) of the Karnataka Municipalities Act, 1964, (‘the Act’ for brevity), the Municipal Commissioner has the power to pass a provisional order calling upon the owner of the building to bring the work inconformity with the Act, the present impugned communication at Annexure-G is to be treated as a provisional order. The petitioner is granted fifteen days time from today to show cause as to why the said order is not to be confirmed. On receipt of reply from the petitioner, the respondent Corporation would proceed in accordance with Section 187(9)(c), (d) & (e) of the Act.
This petition is accordingly disposed of.
Sd/- JUDGE VGR ct:mhp