- 1 - HC-KAR NC: 2025:KHC-D:10768 WP No. 104705 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104705 OF 2025 (LB-RES) BETWEEN: 1. NAGENDRA S/O. BALARAM HAIBATTI, AGED ABOUT 84 YEARS, 2. MARUTI S/O BALARAM HAIBATTI, AGED ABOUT 79 YEARS, 3. MANJITH S/O NAGENDRA HAIBATTI, AGED ABOUT 54 YEARS, ALL ARE R/AT. SY.NO. 236/1, NEAR GOAVES CIRCLE, KHANAPUR ROAD, BELAGAVI-590001. …PETITIONERS (BY SRI. SURABHI KULKARNI, ADVOCATE) AND: THE COMMISSIONER CORPORATION OF CITY OF BELAGAVI, SUBHASH NAGAR, BELAGAVI 590016 …RESPONDENT (BY SRI. BHUSHAN KULKARNI, ADVOCATE) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10768 WP No. 104705 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO,A) ISSUE A DECLARATION THAT THE COMPLETION CERTIFICATE OF THE SCHOOL BUILDING CONSTRUCTED IN SY. NO.236/1 MEASURING 2 ACRES 2 GUNTAS OF BELAGAVI AND THE PERMISSION TO OCCUPY THE SAME, IS DEEMED TO HAVE BEEN GRANTED, PURSUANT TO APPLICATION OF THE PETITIONERS DATED 18.03.2025 SUBMITTED IN FORM - I VIDE ANNEXURE - H OR IN THE ALTERNATIVE,B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ISSUE CHALLAN FOR PAYMENT OF APPLICABLE PROPERTY TAX IN RESPECT OF THE SCHOOL BUILDING CONSTRUCTED IN SY. NO.236/1 MEASURING 2 ACRES 2 GUNTAS OF BELAGAVI.IN THE ALTERNATIVE C) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION DATED 18.03.2025 IN FORM - I VIDE ANNEXURE H AND ISSUE COMPLETION CERTIFICATE OF THE SCHOOL BUILDING CONSTRUCTED IN SY. NO.236/1 MEASURING 2 ACRES 2 GUNTAS OF BELAGAVI, PERMIT THEM TO OCCUPY THE SAME AND TO ISSUE CHALLAN FOR PAYMENT OF APPLICABLE PROPERTY TAX IN RESPECT OF THE SCHOOL BUILDING.D) ISSUE ANY OTHER WRIT OR DIRECTION TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING 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: a) Issue a Declaration that the completion certificate of the school building constructed in Sy. No.236/1 measuring 2 acres 2 guntas of Belagavi and the permission to occupy the same, is - 3 - HC-KAR NC: 2025:KHC-D:10768 WP No. 104705 of 2025 deemed to have been granted, pursuant to application of the petitioners dated 18.03.2025 submitted in Form - I vide Annexure – H. b) Issue a Writ of Mandamus directing the Respondent to issue challan for payment of applicable property tax in respect of the school building constructed in Sy. No.236/1 measuring 2 acres 2 guntas of Belagavi; in the alternavite. c) Issue a Writ of Mandamus directing the Respondent to consider the application dated 18.03.2025 in Form - I vide ANNEXURE-H and issue completion certificate of the school building constructed in Sy. No.236/1 measuring 2 acres 2 Guntas of Belagavi, permit them to occupy the same and to issue challan for payment of applicable property tax in respect of the school building. d) Issue any other writ or direction to meet the ends of justice. 2. The short grievance of the petitioners is that, the petitioners, having submitted an application on 18.03.2025 for issuance of a completion certificate, the same has not been granted till now. Though the same is deemed to have been granted, in order to enable the petitioner, who is running a school, to apply to the Central Board of Secondary Education for affiliation, it is required that a formal completion - 4 - HC-KAR NC: 2025:KHC-D:10768 WP No. 104705 of 2025 certificate be submitted along with the said application. 3. An application for issuance of completion certificate having been filed on 18.03.2025 was required to be considered by the respondents within 30 days, and in the event of no action being taken in terms of seeking any clarification or rejection, it is deemed to have been granted on the expiry of 30 days from the date of receipt of the application in terms of clause (b) of subsection (2) of Section 310 of the Municipal Corporation Act, 1976. 4. In that view of the matter, the submission of learned counsel for the respondent on oral instructions that the matter is pending before the Standing Committee cannot be entertained. Even if it were to be pending before the Standing Committee, the deeming fiction under clause (b) of subsection (2) of Section 310 of the Municipal Corporation Act, 1976, would be - 5 - HC-KAR NC: 2025:KHC-D:10768 WP No. 104705 of 2025 applicable since the application has not been rejected by the respondent. As such, I pass the following: ORDER i. Writ petition is allowed. ii. It is declared that there is a deemed Completion Certificate issued by the respondent in respect of the construction put up by the petitioner in Survey No.236/1 measuring 2 acres 2 guntas of Belagavi. iii. The respondents are directed to formally issue a Completion Certificate within one week from the date of receipt of a copy of this order. iv. It is, however, made clear that, despite the above declaration, if there is any violation of the building bye-laws by the petitioner, the respondent shall be entitled to take such action in accordance with law, as permissible. SD/- (SURAJ GOVINDARAJ) JUDGE gab/CT:PA List No.: 1 Sl No.: 49