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2025 DAILYLAW 85731 (KAR)

SHRI MANZOORAHAMED S/O LATE MURTUJASAB BENNUR v. THE CHIEF ENGINEER

WP/107981/2025 · 2025-10-29

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14554 WP No. 107981 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107981 OF 2025 (GM-RES) BETWEEN: SHRI. MANZOORAHAMED S/O LATE MURTUJASAB BENNUR, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. #432/2, PENDARI GALLI, BAGALKOTE- 587101, TQ. DIST. BAGALKOTE, REP. BY ITS GPA HOLDER SHRI. MOHAMMED YUSUF ABDULREHAMAN BEPARI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. #143/A SECTOR NO.14, NAVANAGAR, BAGALKOTE- 587103, TQ. AND DIST. BAGALKOTE. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE- 587103, TQ. & DIST. BAGALKOTE. 2. THE REHABILITATION OFFICER, BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE- 587103, TQ. & DIST. BAGALKOTE. …RESPONDENTS (BY SRI. SANJAY CHANAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, A. ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS TO ISSUE NOC TO THE PETITIONER IN RESPECT OF UNIT NO.1, SECTOR.NO.56, PLOT NO.85 OF “E4” CATEGORY SITE SITUATED AT NAVANAGAR, BAGALKOTE, TQ AND DIST: BAGALKOTE BY CONSIDERING THE REPRESENTATION/APPLICATION DTD: 21/10/2025 SUBMITTED VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14554 WP No. 107981 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: A) Issue a writ in the nature of Mandamus by directing the Respondents to issue NOC to the Petitioner in respect of Unit No.1, Sector.No.56, plot no.85 of “E4” Category Site Situated At Navanagar, Bagalkote, Tq And Dist: Bagalkote by considering the Representation/Application dtd: 21/10/2025 submitted vide Annexure-G, in the interest of justice and equity. B) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel Sri. Pruthvi K.S., appearing for the petitioner and the learned counsel Sri. Sanjay Chanal for the respondents. 3. The petitioner seeking No Objection Certificate in terms of the Bagalkote Town Development Authority Rules to issue an NOC for *alienation of the property. The non- consideration of the said application / representation is what has driven the petitioner to this Court in the subject petition. * Corrected vide Court order dated 18.11.2025 Sd/- MNPJ - 3 - HC-KAR NC: 2025:KHC-D:14554 WP No. 107981 of 2025 4. The learned counsel Sri. Sanjay Chanal, appearing for the respondent – Bagalkote Town Development Authority, submits that if reasonable time is granted, the application of the petitioner for seeking of NOC would be considered in strict consonance with law and appropriate orders would be passed. 5. In the light of the said submission, without entering into the merit of the claim of the petitioner, I deem it appropriate to dispose the petition with a direction to the respondents to consider the application of the petitioner and pass necessary orders within an outer limit of 10 weeks from the date of receipt of the copy of this order if not earlier. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-GTB List No.: 1 Sl No.: 31