Writ Petition No. 30737 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 30737 OF 2024 (LB-RES) C/W WRIT PETITION NO. 10879 OF 2024 (GM-RES) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA IN WP No. 30737/2024 BETWEEN: 1. MR. SHRIDHARA BAIRI, S/O PADMANABHA BAIRI AGED ABOUT 55 YEARS R/AT NO. 8-72(1) JATHABETTU UPPOOR UDUPI 576 105 2. MR M R RAVINDRA
Legal Reasoning
S/O RAMAYYA MANEGAR AGED ABOUT 50 YEARS R/A NO. 8-72-5 SHRI ANATHASHAYANA NEAR NIRANJANA FLOUR MILL UPPOOR UDUPI 576 105 3. MR RAMACHANDRA BAIRY S/O PADMANABHA BAIRI AGED ABOUT 58 YEARS R/AT NO. 8-72 KRISHNANUGRAHA JATHABETTU, UPPOOR UDUPI 576 105 (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY …PETITIONERS - 2 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU 560001 2. THE DEPUTY COMMISSIONER D C OFFICE, RAJATHADRI UDUPI DISTRICT 576 104 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH UDUPI 576 101 4. THE EXECUTIVE OFFICER TALUK PANCHAYATH UDUPI 576 101 5. THE PANCHAYATH DEVELOPMENT OFFICER SALMARA POST TANGABETTU UPPOOR GRAMA UDUPI DISTRICT 576 105 6. THE PRESIDENT VILLAGE PANCHAYATH BRAHMAGIRI UDUPI 576 101 7. MR ALVIN BARNES S/O BIN JOHN BARNES AGED MAJOR R/AT HOUSE NO. 8-2(A)1 JATHABETTU UPPOOR VILLAGE AND POST BRAHMAVARA TALUK UDUPI 576 213 (BY SRI.SHAMANTH NAIK., HCGP FOR R1 & R2 SRI. ASHOK N NAIK., ADVOCATE FOR R3 TO R6 SRI. S.K. ACHARYA., ADVOCATE FOR R7) …RESPONDENTS
Decision
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER 06.08.2024 VIDE NO. JIPAMUU.COUNCIL.CR.E-142410.2024-25 ISSUED BY THE R-3 / DIRECTION DTD. - 3 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 DIRECTING THE R-4 TO TAKE NECESSARY ACTION FOR ISSUANCE OF NO OBJECTION CERTIFICATE TO THE R-7 AFTER OBTAINING SUITABLE AFFIDAVIT FROM HIM VIDE ANNX-A AND ETC. IN WP NO. 10879/2024 BETWEEN: 1. MR SHRIDHARA BAIRI S/O PADMANABHA BAIRI AGED ABOUT 55 YEARS R/AT NO 8-72(1) JATHABETTU, UPPOOR UDUPI 576105 2. MR M R RAVINDRA S/O RAMAYYA MANEGAR AGED ABOUT 50 YEARS R/AT NO 8-72-5 SHRI ANANTHASYANA NEAR NIRAJANAJA FLOOR MILL UPPOOR, UDUPI 576105 3. RAMACHANDRA BAIRY S/O PADMANABHA BAIRI AGED ABOUT 58 YEARS R/AT NO 8-72, KRISHNANUGRAHA JATHABETTU, UDUPI 576105 (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHEIF SECRETARY VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI ...PETITIONERS - 4 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 BENGALURU 560001 2. THE PRINCIPAL SECRETARY DEPARTMENT OF TOURISM 4TH FLOOR, LEVEL NO 3 EMBASSY ICON, INFANTRY ROAD BENGALURU 560001 3. THE PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELPMENT AND PANCHAYTH RAJ M S BUILDING, III FLOOR BENGALURU 560001 4. THE DEPUTY COMMISSIONER D C OFFICE, RAJATHADRI UDPUI DISTRICT 571604 5. THE SUPERINTENDENT OF POLICE UDUPI DISTRICT OLD DC OFFICE ROAD BANNANJE CIRCLE BANNANJE, UDUPI 576101 6. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH UDUPI 576101 7. THE EXECUTIVE OFFICER TALUK PANCHAYATH UDUPI 576101 8. THE PANCHAYATH DEVELOPMENT OFFICER SALMARA POST, TANGABETTU UPPOOR GRAMA UDUPI DISTRICT 576105 - 5 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 9. THE PRESIDENT VILLAGE PANCHAYATH BRAHMGAGIRI, UDUPI 576101 10. THE ASSISTANT DIRECTOR TOURISM DEPARTMENT ROOM NO 303, SECOND FLOOR A WING RAJATADRI, MANIPAL UDUPI 576104 11. THE ASSISTANT EXECUTIVE OFFICER MANGALORE ELECTRICITY SUPPLY COMPANY LTD (MESCOM) PANEVELH IGHWAY BRAHMAVARA 576213 UDUPI DITRICT 12. THE SECTION OFFICER MANGALORE ELECTRICITY SUPPLY COMANY LTD (MESCOM), PANEL HIGHWAY BRAMAHVARA 576213 UDUPI DISTRICT 13. STATION HOUSE OFFICER BRAHMAVAR POLICE STATION BRAMHAVAR 576213 UDUPI DISTRICT 14. MR ALVIN BARNES S/O BIN JOHN BARNES R/AT HOUSENO 8-2(A)1 JATHABETTU, UPPOOR VILLGE AND POST BRAMAVARA TALUK UDUPI 576213 (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R5 & R13 SRI. ASHOK N NAIK., ADVOCATE FOR R6 TO R9 ...RESPONDENTS - 6 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 SMT. M.C. NAGASHREE., ADVOCATE FOR R11 & R12 SRI. S.K. ACHARYA., ADVOCATE FOR R14) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DIRECTION DATED 20/02/2024 VIDE NO,. PRAE/SANIKA/UJI/MA/15/2023-24/974 ISSUED BY THE R4 TO R8 AND 9 VIDE ANNEXURE-A AND DIRECT THE 10TH RESPONDENT TO TAKE ACTION PURSUANT TO THE NOTICE DT. 18/12/2023 VIDE NO. PRAE/SANIKA/UJI/MA/15/2023- 24/782-1 ISSUED BY THE 10TH RESPONDENT AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Three persons have filed two writ petitions aggrieved of the fact that private respondent-Sri Alvin Barnes, who is a neighbouring property owner and who has obstensibly put up a residential construction, is using the upper floor for home stay purposes. It is contended at the hands of the petitioners that the said respondent has commenced the home stay without obtaining any licence. 2. The petitioners are also challenging orders passed by the Deputy Commissioner, directing the Village - 7 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 Panchayat, to consider the representations given by the private respondent for grant of permission to commence the home stay. In another writ petition, directions issued by the Chief Executive Officer of the Zilla Panchyat, Udupi, are also questioned. 3. On hearing the learned Counsel for the petitioners for some time, it is clear that they are aggrieved of the fact that the private respondent who has put up a residential construction on obtaining a building licence at the hands of the Gram Panchyat, is making use of the first floor of the building for home stay. It is contended that guests are entertained in the first floor and such guests are causing nuisance to the petitioners. It is contended that the guests put up the music very loudly which would disturb the peace and tranquillity of the neighbourhood. It is contended that the private respondent is discharging waste water into the neighbouring lands where the petitioners have a nagavana. - 8 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 4. On hearing the learned Counsel for the petitioners and the learned Counsel for the private respondent, this Court is of the considered opinion that if any objections are to be raised by the petitioners, it can be done only in accordance with law. If it is permissible for the Gram Panchayat to grant permission for home stay, and if the private respondent fulfills all the requirements in accordance with law, then the said respondent is entitled to receive such permission. At the same time, if the petitioners have any grievance regarding the grant of permission to the private respondent, the competent authority shall also consider such objection. At any rate, if a citizen of this country is permitted to seek certain permission in accordance with law, the competent authority is required to consider the same and dispose of such application. Merely because objections are raised by the neighbour, it will not prevent the competent authority from considering such application that would be filed by the private respondent. - 9 - NC: 2025:KHC:5893 WP No. 30737 of 2024 C/W WP No. 10879 of 2024 5. In that view of the matter, both the writ petitions are disposed of directing the Gram Panchayat, and any other competent authority to consider the request that would be made by the private respondent for establishment of a home stay. If the said respondent fulfils all the requirements, permission can be granted by the competent authority. Needless to observe that all conditions that are to be complied while granting the permission shall be complied with and accordingly permission can be granted. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT: JL