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2026 DAILYLAW 52394 (KAR)

MOHAMMED HUSAIN S/O MOHAMMED HANIF MULLA v. HUBLI-DHARWAD MUNICIPAL CORPORATION

WP/100334/2016 · 2026-01-21

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:716 WP No. 100334 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100334 OF 2016 (LB-UC) BETWEEN: 1. MOHAMMED HUSAIN S/O. MOHAMMED HANIF MULLA, AGE: 72 YEARS, OCC: BUSINESS, R/O: GURUNATHNAGAR, PLOT NO.51, ANANDNAGAR ROAD, HUBBALLI. 2. MOHAMMED SAMIR S/O. MOHAMMED HUSAIN MULLA, AGE: 32 YEARS, OCC: BUSINESS, R/O: GURUNATHNAGAR, PLOT NO.51, ANANDNAGAR ROAD, HUBBALLI. …PETITIONERS (BY SRI. AHAMED ALI RAHIMAN SHAH, ADVOCATE) AND: 1. HUBLI-DHARWAD MUNICIPAL CORPORATION HUBBALLI, REP BY ITS COMMISSIONER, HUBBALLI. 2. THE ZONAL OFFICER HUBLI-DHARWAD MUNICIPAL CORPORATION, ZONAL NO.10, ZONAL OFFICE, MARKET BUILDING, OLD HUBLI, HUBBALLI-24. 3. ABDUL AZIZ S/O. ABDUL REHAMAN GANGOLLI AGE: 65 YEARS, OCC: BUSINESS, R/O: KILLA, OLD HUBBALLI, HUBBALLI-24. …RESPONDENTS (R3-DECEASED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.27 11:22:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:716 WP No. 100334 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2 TO IMPLEMENT THE ORDER PASSED IN M.A.NO.37/2009 BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI ON DATED 31.08.2010, THE ANNEXURE-A TO PROCEED AFRESH IN THE MATTER TO DEMOLISH THE ILLEGAL CONSTRUCTION ON IMMOVABLE PROPERTY BEARING CTS NO.3766 AND ETC. THIS WRIT PETITION COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER There is no representation for the petitioners. This Court on 05.01.2026 has passed the following order: “There is no representation for the petitioners though the matter called out twice in the morning session as well as in the afternoon session. A week’s time is granted to pay the process fee and to comply the office objections raised by the Registry on the process fee for issuance of notice to respondent Nos.3(a) to 3(c). Failing which, list this matter on 13.01.2026 for dismissal.” - 3 - HC-KAR NC: 2026:KHC-D:716 WP No. 100334 of 2016 When the matter was posted 13.01.2026, learned counsel for the petitioners sought time on the ground that the petitioners intend to withdraw the petition. Today, when the matter is called, there is no representation for the petitioners. It appears that the petitioners are not interested in prosecuting the matter. Hence, the matter is dismissed for non- prosecution. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 68