SHRI. KRISHNA S/O MALLESHAPPA GANDAGALEKAR v. THE COMMISSIONER
WP/106027/2022 · 2025-12-08
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59832 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59832 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17502 WP No. 106027 of 2022
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.106027 OF 2022 (LB-RES) BETWEEN:
SHRI. KRISHNA S/O MALLESHAPPA GANDAGALEKAR, AGE. 46 YEARS, OCC. BUSINESS, R/O. TORAVI HOKKAL, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020.
… PETITIONER (BY SRI. ZANZA S. JOSHI, ADVOCATE)
AND:
1.
THE COMMISSIONER, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, CORPORATION BUILDING, CHENNAMMA CIRCLE, HUBBALLI-580 020, DIST. DHARWAD.
2.
THE ASSISTANT COMMISSIONER, ZONAL OFFICE NO.08, HDMC, HUBBALLI, HUBBALLI-580 020, DIST. DHARWAD.
3.
DEPUTY DIRECTOR OF TOWN PLANNING, HDMC , HUBBALLI, HUBBALLI-580 020, DIST. DHARWAD HUBBALLI.
4.
SHRI SHRIDHAR S/O SHENAPPA SHETTY, AGE. 45 YEARS, OCC. BUSINESS, R/O. HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020.
… RESPONDENTS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R1 TO R3;
SRI. SADIQ N. GOODWALA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR OF ANY OTHER NATURE DIRECTING RESPONDENT NO.1 TO 3 AUTHORITIES TO TAKE NECESSARY ACTION AGAINST THE
CHANDRASHEKAR LAXMAN KATTIMANI Location:
HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD
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HC-KAR NC: 2025:KHC-D:17502 WP No. 106027 of 2022
RESPONDENT NO.4 OVER ILLEGAL CONSTRUCTION AS PER THE NOTICE DATED 24/01/2022 VIDE ANNEXURE-E AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
1. This petition is filed with a prayer to direct respondents No.1 to 3 to take further action pursuant to notice dated 24.01.2022 marked at Annexure-E.
2.
Learned counsel for the petitioner submits that the petitioner is in occupation of the property, which is illegally constructed in violation of all applicable building by laws.
3.
Learned counsel for respondent No.4 would submit that respondent No.4 has issued appropriate reply to the notice marked at Annexure-E and the said reply is issued on 15.02.2022.
4.
Learned counsel for respondents No.1 to 3 would submit that the further proceedings pursuant to the notice marked at Annexure-E will be taken in accordance with law.
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HC-KAR NC: 2025:KHC-D:17502 WP No. 106027 of 2022
5. The said submission is placed on record.
6. Hence, the following:
ORDER i. The petition is disposed of. ii. A direction is issued to respondent No.1 to proceed further in accordance with law after considering the objections filed by respondent No.4. iii. Respondent No.4 and the petitioner shall be given an opportunity to place their respective contentions before respondent No.1 to 3. iv. It is made clear that this Court has not expressed anything on the merits of the claim of either of the parties. v. The exercise shall be completed within three months from today. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 70