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2025 DAILYLAW 17869 (KAR)

SRI.K.C.MAHADEVAPPA v. THE COMMISSIONER

WP/5117/2025 · 2025-03-11

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10248 WP No. 5117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5117 OF 2025 (LB-RES) BETWEEN: SRI. K.C. MAHADEVAPPA, S/O. CHENNEGOWDA, AGED ABOUT 62 YEARS, R/A. KANAYKANAHALLI VILLAGE, BANTENAHALLI POST, BELUR TALUK, HASSAN DISTRICT - 573 115. …PETITIONER (BY SRI. SATHISH KUMAR J, ADVOCATE) AND: 1. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, CHIKKAMAGALURU - 577 102. 2. THE ASSISTANT DIRECTOR, TOWN PLANNING AUTHORITY, CHIKKAMAGALURU - 577 102. 3. THE ASSISTANT EXECUTIVE ENGINEER, CITY MUNICIPAL COUNCIL, CHIKKAMAGALURU - 577 102. 4. MR. MANJUNATH K.R, S/O D. RAMEGOWDA, AGED ABOUT 44 YEARS, R/AT ASHWININNAGAR, K.M. ROAD, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10248 WP No. 5117 of 2025 JYOTHINAGAR, CHIKMAGALORE - 577 102. …RESPONDENTS (BY SRI. A. NAGARAJAPPA, ADVOCATE FOR R1 AND R3; SRI. A. RAVISHANKAR, ADVOCATE FOR R2; SRI. CHANDRAKANTH PATEL, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING TO PASSING OF ORDER DATED 24.10.2024 VIDE NO.CMC/CKM/RD/2020-21 VIDE ANNX-A PASSED BY THE R-1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the order at Annexure-A dated 24.10.2024, the order at Annexure-A is passed in terms of Section 187(9)(2) of the Karnataka Municipalities Act, 1964 (hereinafter referred to as 'Act' for short). - 3 - NC: 2025:KHC:10248 WP No. 5117 of 2025 2. It is pointed out by learned counsel for the respondents that as against such order an alternative remedy is available under Section 322 of the Act. 3. In light of remedy of revision being available as against Annexure-A, petitioner is relegated to avail of remedy under Section 322 of the Act. 4. The respondents are not to take any precipitative steps for a period of ten days from the date of release of this Order. Accordingly, the petition is disposed off. SD/- (S SUNIL DUTT YADAV) JUDGE AT List No.: 1 Sl No.: 37 CT: BHK