- 1 - NC: 2025:KHC-D:2913 WP No. 107749 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107749 OF 2024 (LB-RES) BETWEEN: SMT PADMAKSHI D H W/O LATE CHANNABASAPPA D.H AGED ABOUT 70 YEARS, R/AT DEVAGONDANAHALLI VILLAGE-583219 HUVINA HADAGALI TQ. VIJAYANAGARARA DIST. …PETITIONER (BY SRI. RAJASHEKHAR BURJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT , M.S. BUILDING, VIDHANA VEEDHI, BENGALURU-560001 2. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, HOOVINA HADAGALI, HUVINA HADAGALI, TQ. DIST. VIJAYANAGARA-583219 3. THE GULBARGA ELECTRICITY SUPPLY COMPANY (GESCOM) BY ITS ASSISTANT EXECUTIVE ENGINEER EXECUTIVE AND IMPLEMENTATION SUB-DIVISION HUVINAHADAGALI, HUVINA HADAGALI TQ. VIJYANAGARA DIST-583219 …RESPONDENTS (BY SRI. K.S. KALASURMATH., AGA FOR R1; SRI. VEERESH H.M., ADVOCATE FOR R2; SRI. CHANDRASHEKAR HIREMATH., ADVOCATE FOR R3) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.18 11:58:31 +0530 - 2 - NC: 2025:KHC-D:2913 WP No. 107749 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE LETTER DATED. 19.08.2024 PRODUCED AT ANNEXURE-C AND 07.11.2024 AT ANNEXURE-E SUBMITTED BY THE PETITIONER AND TO ISSUE COMPLETION CERTIFICATE AND NOC TO THE PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Directing the R2 to consider the letters dated 19.08.2024 produced at Annexure-C and 07.11.2024 at Annexure-E submitted by the petitioner and to issue completion Certificate and NOC to the petitioner. b. Further direct the R3 to provide the Electricity Supply connection as per online Application No. 9191178, 9191181, 9191184 dated 05.10.2024 submitted by the petitioner, without insisting for NOC/completion certificate referred in Annexure-D. c. Pass such other order or direction deemed just and expedient in the circumstances of the case including the posts. 2. The contention of the learned Counsel for the petitioner is, despite the petitioner having complied with all the requisite requirements under law, the Completion Certificate has not - 3 - NC: 2025:KHC-D:2913 WP No. 107749 of 2024 been issued by the respondent and it is in that background that the aforesaid reliefs were sought for. 3. On appearance, learned Counsel for the respondent has filed a memo enclosing a notice issued by the respondent under subsection (9) of Section 187 of the Karnataka Municipalities Act, 1964, contending that there being a violation of setback and the constructed area, the Completion Certificate could not be issued. If the violations are removed, the application would be considered and necessary Completion Certificate would be issued. 4. In view of a notice having been issued under subsection (9) of Section 187 of the Karnataka Municipalities Act, 1964, it would be for the petitioner to either comply with or reply to the said notice providing necessary explanation for the allegations made and if the explanation is - 4 - NC: 2025:KHC-D:2913 WP No. 107749 of 2024 acceptable to the respondent, the notice would be drawn, if not, the petitioner would have to comply with the same. 5. At this stage, Sri.Rajashekhar Burji, learned counsel for the petitioner submits that there is also a scope for regularization of the violations pointed out in the notice. 6. If that be so, it would be for the petitioner to file necessary application, which would have to be considered by the respondent in accordance with law and disposed of as expeditiously as possible within a period of fifteen (15) days from the date on which reply/application is made by the petitioner. 7. The Writ Petition is accordingly disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS/List No.: 1 Sl No.: 8