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2025 DAILYLAW 61881 (KAR)

SRI E T SWAMY S/O E THIMMAPPA v. THE COMMISSIONER

WP/104470/2024 · 2025-07-30

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9401 WP No. 104470 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104470 OF 2024 (LB-RES) BETWEEN: SRI. E. T. SWAMY S/O. E. THIMMAPPA, AGED ABOUT 41 YEARS, OCC: BUSINESS, R/O: 6TH WARD, 3RD CROSS, BEHIND THEOSOPHICAL COLLEGE, HAMPI ROAD, HOSAPETE – 583 201. DIST: VIJAYANAGAR. …PETITIONER (BY SRI. G. I. GACHCHINAMATH, SMT. RENUKA YALAMELI, ADVOCATES) AND: THE COMMISSIONER, CITY MUNICIPLE CORPORATION (CMC), HOSAPETE, TQ: HOSAPETE – 583 201. DIST: VIJAYANAGAR. …RESPONDENT (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28-2-2024 BEARING NO. KRA.SAM/ NASAHOO/ K.P/811/2023-24 PRODUCED AS ANNEXURE-F PASSED BY THE RESPONDENT BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS 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:9401 WP No. 104470 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Quash the impugned order dated 28-2-2024 bearing No. Kra.Sam/NaSaHoo/K.P/811/2023-24 produced as Annexure-F passed by the Respondent by issue of writ of certiorari or any other suitable writ or order or directions. B. Issue such other suitable writ or order or directions as this Hon’ble court deems fit under the circumstances of the present case in the interest of justice and equity. 2. What has been challenged in this petition is the order cancelling the building licence dated 28.02.2024 passed by the respondent. The petitioner has an alternative efficacy remedy to in terms of an appeal under Rule 3 (3) of Karnataka Municipalities (Appeal and Revision) Rules, 1967. 3. Reserving such liberty and leaving all contentions open, petition stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT-ASC List No.: 1 Sl No.: 10