- 1 - NC: 2025:KHC-D:2995 WP No. 100701 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100701 OF 2025 (LB-RES) BETWEEN: 1. M/S. AXIS INC. PARTNERSHIP FIRM, A PARTNERSHIP FIRM INCORPORATED UNDER THE PROVISION OF INDIAN PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT, 1ST FLOOR, DOOR NO.2 AND 4, PLOT NO.4, 2ND CROSS, MJ NAGAR, HOSPETE-583201, DIST: VIJAYANAGAR, REPRESENTED BY ITS PARTNERS. A. SHRI INDRA KUMAR S/O. VIJAYA KUMAR, AGE: 60 YEARS, OCC: BUSINESS, R/O. WARD NO.1, MAIN BAZAR, MUNIRABAD DAM, MUNIRABAD, HOLEMUDRAPUR, KOPPAL-583233. B. M. PRAMOD KUMAR S/O. MANGILAL LALWANI, AGE: 38 YEARS, OCC: BUSINESS, R/O. 20TH WARD, JALI LANE, HOSPETE-583201, DIST: VIJAYANAGARA. C. BIJJAL VENUGOPAL S/O. MURLIDHAR BIJJAL, AGE: 50 YEARS, OCC: BUSINESS, R/O. D.NO.341, 31ST WARD, NEAR WATER TANKER, NEAR NEHRU CO-OPERATIVE COLONY, HOSPETE-583201, DIST: VIJAYANAGARA. …PETITIONERS (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 12:37:54 +0530 - 2 - NC: 2025:KHC-D:2995 WP No. 100701 of 2025 AND: 1. THE GOVERNMENT OF KARNATAKA, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOORS, VISHVESHWARIAH TOWER, AMBEDKAR ROAD, SAMPANGI RAMA NAGAR, VASANTH NAGAR, BENGALURU-560001, REPRESENTED BY ITS DIRECTOR. 2. CITY MUNICIPAL COUNCIL HOSPETE, TQ: HOSPETE, DIST: VIJAYANAGARA-583201, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. RAGHUVEER SATTIGERI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT/LETTER DATED 27/01/2025 ISSUED BY RESPONDENT NO.2/CMC HOSPETE BEARING NO.PÀæ.¸ÀA/£À¸ÀºÀÆ/PÀ.¥À/865/2024-25 VIDE ANNEXURE-G; PASS ANY SUCH OTHER ORDERS THAT THIS HON'BLE COURT MAY DEEM FIT TO IN MEETING THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1. Issue a writ of Certiorari quashing the Impugned Endorsement/letter dated 27/01/2025 issued by Respondent No.2/Cmc Hospete bearing No.PÀæ.¸ÀA/£À¸ÀºÀÆ/PÀ.¥À/865/2024-25 vide Annexure-G; 2. Pass any such other orders that this Hon'ble Court may deem fit to in meeting the ends of justice and equity. - 3 - NC: 2025:KHC-D:2995 WP No. 100701 of 2025 3. Learned counsel for respondent No.2 has filed an affidavit of the Commissioner of City Municipal Council, Hospet indicating that the construction which has been put up by the petitioners is proper and correct and there is no violation. 4. Though there is an objection raised by the complainant, in view of the fact that the Commissioner has been filed an affidavit stating that construction which has been put up by the petitioners is proper and correct, I pass the following : ORDER (a) Writ petition is allowed. (b) Wirt of certiorari is issued. The endorsement/letter dated 27.01.2025 issued by the 2nd respondent/CMC Hospet at Annexure-G is hereby quashed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 73