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2025 DAILYLAW 64298 (KAR)

MEHBOOB W/O NAJAR HAJARTHBAI v. KARNATAKA SLUM CLEARANCE BOARD

WP/103741/2017 · 2025-10-31

S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14829 WP No. 103741 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO.103741 OF 2017 (GM-SLUM) BETWEEN: MEHBOOB W/O NAJAR HAJARTHBAI AGE: 42 YEARS, OCC: HOUSE WIFE, R/O: H.NO.19, NEHRU NAGAR, TQ: BELAGAVI, DIST: BELAGAVI-590001. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. KARNATAKA SLUM CLEARANCE BOARD, NO.55 ABAY COMPLEX 3RD FLOOR, RISALDAR STREET, SHESHADRIPURAM, BENGALURU-20. R/BY ITS CHAIRMAN 2. ASSISTANT EXECUTIVE ENGINEER KARNATAKA SLUM IMPROVEMENT BOARD, BELAGAVI SUB DIVISION, HOUSING BOARD COLONY, HINDALGA, BELAGAVI-590001. …RESPONDENTS (BY SRI. RAVIRAJ C. PATIL, ADVOCATE FOR R1-R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED NOTICE DATED 13.04.2017 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-D TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14829 WP No. 103741 of 2017 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) In this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing the impugned notice dated 13.04.2017 (Annexure-D) wherein it is alleged that the petitioner has made unauthorized constructions to House No.19 without permission/licence. The impugned notice provides seven days time to demolish the building, failing which, it states that at the cost of the petitioner action will be taken to evict the petitioner. 2. Learned counsel for the petitioner would contend that no notice is issued before issuing such a notice to demolish the building and as such, he would submit that the impugned notice requires to be interfered with. 3. Having heard the learned counsel for the petitioner, I am of view that the petitioner has not placed on record the licence obtained for construction from the Karnataka Slum Development Board. The impugned notice itself states that the petitioner has proceeded to construct without licence. It is to be - 3 - HC-KAR NC: 2025:KHC-D:14829 WP No. 103741 of 2017 noticed that no person could put up construction without obtaining licence from the competent local authority. The petitioner instead of replying to the notice enclosing necessary documents including necessary licence obtained, if any, has rushed to this Court. There is no interim order in favour of the petitioner. In the above circumstances, the impugned notice could be treated as show cause notice. Hence, the following: ORDER The petitioner is provided 15 days’ time to reply to the impugned notice dated 13.04.2017 (Annexure-D) enclosing documents including the licence obtained, if any, to the Assistant Executive Engineer, Karnataka Slum Development Board, Belagavi Division, Belagavi. Failing to submit reply, as stated above, the respondent-authorities shall proceed further. If the petitioner submits reply, the respondent No.2 shall consider the same and pass appropriate orders. Writ petition stands disposed of accordingly. Sd/- (S G PANDIT) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 18