- 1 - NC: 2025:KHC-D:7067 WP No. 104999 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 104999 OF 2024 (LB-RES) BETWEEN: JAYAVANT S/O. BHIMARAO SADARE, AGE: 75 YEARS, OCC: RETIRED, R/O: PLOT NO. 6/178/2, “ABHILASHA” VENGURLA ROAD, JAYA-NAGAR, BELAGAVI – 591108. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE BELAGAVI CITY CORPORATION BELAGAVI BY ITS COMMISSIONER, CTS NO. 4821/27 A, R. S. NO. 1005, SUBHAS NAGAR, SUBHASH NAGAR, BELAGAVI 590016. 2. THE ASSISTANT EXECUTIVE ENGINEER NORTH RANGE, THE BELAGAVI CITY CORPORATION BELAGAVI, CTS NO 4821/27 A, R.S NO 1005, SUBHAS NAGAR SUBHASH NAGAR, BELAGAVI - 590016. …RESPONDENTS (BY SRI. CHETAN MUNNOLI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENTS TO INITIATE THE PROCEEDINGS AS PROVIDED/CONTEMPLATED UNDER KARNATAKA MUNICIPAL CORPORATIONS ACT 1979 AND ALLIED RULES FOR CONSTRUCTING THE COMMERCIAL CUM RESIDENTIAL BUILDING AT CTS NO.0560, JAYA-NAGAR, HINDALGA ROAD, BELAGAVI BY SMT.SHANTA W/O. GURUSUDDAPPA AVARSANG CONTRARY TO BUILDING PERMISSION ISSUED AND GRANTED BY THE RESPONDENTS BY CONSIDERING THE COMPLAINTS FILED BY THE PETITIONER VIDE ANNEXURE-B TO D, DATED 15/07/2024, 1/8/2024 AND 01/08/2024 RESPECTIVELY. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:7067 WP No. 104999 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Learned counsel for the respondents has filed the memo contending that pursuant to the representation submitted by the petitioner, the respondents have already initiated proceedings under the provisions of Karnataka Municipal Corporation Act. They even passed the provisional order and also the show cause notice was issued on 18.10.2024 against Smt.Shanta against whom the petitioner has filed the complaint. Under such circumstances, it is contended that the petition is rendered infructuous. 2. Learned counsel for the petitioner fairly concedes that the petition is rendered infructuous. However, it is his apprehension that the proceedings initiated by the respondents may not be disposed off expeditiously. 3. Learned counsel for the respondents submits that, in all probabilities, the respondents will conclude the proceedings expeditiously. 4. His submission is placed on record. Accordingly, the petition is dismissed as having become infructuous. Sd/- (M.G.UMA) JUDGE MKM CT:ANB List No.: 3 Sl No.: 34