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2025 DAILYLAW 61958 (KAR)

SRI IMAM JAFAR S/O ABDULRCHAMAN BEPARI v. THE CHIEF ENGINEER

WP/100241/2025 · 2025-08-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10364 WP No. 100241 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100241 OF 2025 (GM-RES) BETWEEN: SRI IMAM JAFAR S/O. ABDULRCHAMAN BEPARI, AGED ABOUT 47 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 71, PLOT NO. B - 90, NAVANAGAR, BAGALKOT. …PETITIONER (BY SRI. PRUTHVI K S,ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 587 103. 2. THE REHABILITATION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 587 103. …RESPONDENTS (BY SRI. SANJAY CHANAL., ADVOCATE FOR R1 & R2) 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/2024-25/2388, PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-F AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10364 WP No. 100241 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari to quash the impugned cyclostyle order/letter/notice/ endorsement dated 19.12.2024 bearing No. Pu A/Ba Pa A Pra/CR/2024-25/2388, passed by the Respondent No.2 vide Annexure-F; ii. 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 08.08.2024, vide Annexure-D. iii. Pass such other orders or direction as this Hon’ble 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 During the pendency of the above matter, the respondents have withdrawn the endorsement dated 19.12.2024 at Annexure–F, rendering the prayer at Sl.No.(i) infructuous. - 3 - HC-KAR NC: 2025:KHC-D:10364 WP No. 100241 of 2025 3. A short grievance of the petitioner is that a request made by the petitioner for issuance of NOC in terms of Resolution No.122 vide an application dated 08.08.2024 at Annexure-D has not been considered. It has been more than a year since the said application has been filed by the petitioner. It would therefore be required for the respondents to consider the said application and pass necessary orders at the earliest. As such, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the application of the petitioner dated 08.08.2024 at Annexure -D and pass necessary orders within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 65