IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.7064/2019 (LB-RES) Between:
1. Sri. H. B. Laksmana S/o late H. Babu Aged about 60 years 2. Sri. H. B. Lokesh S/o late H. Babu Aged about 53 years 3. Sri. H. L. Nandakumar S/o H. B. Laksmana Aged about 35 years 4. Sri. H. L. Naveen Kumar S/o H. B. Lakshmana Aged about 32 years 5. Sri. H. R. Shivakumar S/o late H. B. Raju Aged about 27 years 6. Smt. H. R. Jamuna D/o late H. B. Raju Aged about 34 years 7. Smt. H. R. Hemavathy D/o late H. B. Raju Aged about 38 years All are R/at Near Kodandarama Temple Mallikarjunanagara Madikeri, Kodagu District – 573201. And all are represented by their General Power of Attorney Holder Sri. Vinodkumar M. G.
S/o Ganesh H. D. Aged about 35 years R/at Near Kodandarama Temple Mallikarjunanagara Madikeri, Kodagu District – 573201.
(By Sri. Prasanna D. P., Advocate) And:
1. The State of Karnataka Department of Urban Development Rep. by its Secretary Vidhana Soudha Bengaluru – 560001.
2. The Deputy Commissioner, Kodagu District Madikeri – 571201.
3. The Commissioner Madikeri Urban Development Authority Madikeri Kodagu District – 571201.
4. The Commissioner City Municipal Council Madikeri Kodagu District – 571201.
5. Shree Rama Mandira Devalaya Samithi Mallikarjunanagara, Madikeri Kodagu District – 571201. Rep. by its General Secretary ...Petitioners Sri. H. N. Nanjunda Aged about 49 years S/o Nanjundaiah Mallikarjunanagara Madikeri Kodagu District – 571201.
... Respondents (By Sri. M.A. Subramani, HCGP fro R-1 & R-2) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to set aside the licence issued by the respondent No.4 dated 16.01.2019 as per Annexure-L and etc.
This Writ Petition coming on for preliminary hearing, this day, the Court made the following:
O R D E R The petitioners have challenged the grant of building license to respondent No.5 and contends that the sale deed executed in favour of respondent No.5 described that southern portion of property in survey No.1/31 belongs to the petitioners. He has further submitted that as per Annexure-L, building license has been issued showing the southern boundary as a road of the municipal authority. It is noticed that against any proceedings which would include grant of building license, revision could be filed under Section 322 of Karnataka Municipalities Act, 1964.
2. In view of the fact that the contentions raised involve adjudication of factual matters it would be proper to relegate the petitioners to approach the revisional authority to challenge the impugned action complained of. Accordingly, the petition is disposed of without interfering with the impugned order.
3. The order at Annexure-L, building license will be kept in abeyance for a period of two weeks from the date of release of the judgment so as to enable the petitioners to avail of the revisional remedy.
4. Learned Additional Government Advocate is directed to file memo of appearance for respondent Nos.1 and 2 within a period of 10 days.
Sd/- JUDGE KA/-