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2025 DAILYLAW 50352 (KAR)

SRI CHANDRAKANTH S/O BOMMANATH BABANI v. THE CHIEF ENGINEER

WP/100231/2025 · 2025-08-22

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10692 WP No. 100231 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100231 OF 2025 (GM-RES) BETWEEN: SRI CHANDRAKANTH S/O. BOMMANATH BABANI, AGED ABOUT 59 YEARS, OCC: BUSINESS, R/AT. WARD NO. 04, CTS NO. 103, NAVANAGAR, BAGALKOT, PRESENTLY R/AT SECTOR NO.28, NEAR LARA DRY CLEARNERS, NAVANAGAR, BAGALKOT. &PETITIONER (BY SRI. PRUTHVI K. S., ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 3 587 103. 2. THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY , BAGALKOT 3 587 103. &RESPONDENTS (BY SRI. SANJAY S. CHANAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED CYCLOSTYLE ORDER/ LETTER/ NOTICE / ENDORSEMENT DATED. 19-12-2024 BEARING NO. PU A/BA PA A PRA/CR/2024-25/2368, PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-E AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10692 WP No. 100231 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari to quash the impugned Cyclostyle order/letter/notice/endorsement dated 19.12.2024 bearing No. Pu A/Ba Pa A Pra/CR/2024-25/2368, passed by the R2 vide Annexure-E b. Issue a writ in the nature of Mandamus directing the respondents to issue NOC in terms of Resolution No.122 as sought in the application dated 22.2.2024, vide Annexure-C. b. Pass such other orders or direction as this Hon9ble Court deems just and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. During the pendency of the above matter, the respondents have withdrawn the endorsement dated 19.12.2024 at Annexure3E, rendering the prayer at Sl.No.(i), infructuous. 3. Insofar as the prayer at Sl.No.(ii), is concerned an application has been submitted by the petitioner on 22.02.2024 for issuance of NOC in terms of Resolution No.122 in favour of the petitioner, which - 3 - HC-KAR NC: 2025:KHC-D:10692 WP No. 100231 of 2025 application has remained unconsidered for nearly one and half years now. 4. In that view of the matter, I pass the following: ORDER i. The Writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the application dated 22.02.2024 at Annexure - C and pass necessary orders within a period of four weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 0