✦ Karnataka High Court

Judgment · High Court

MOHAN SHANTANAGOUDAR WRIT PETITION No. 65062 of 2012MOHAN SHANTANAGOUDAR

Case at a glance

Outcome

Allowed

Petition is allowed accordingly

Provisions considered

Key paragraphs

  • Para 22. The records reveal that a show cause notice is issued as per Annexure-B to the petitioner on 23.06.2012 calling upon the petitioner to show cause as to why the petitioner’s building constructed in violation of the sanctioned plan should not be demolished. The petitioner…

Judgment

(By Smt. Pushpavathi V.Dhongadi Advocate, for Sri V.P. Kulkarni, Advocates) - Petitioner A N D : Belgaum City Corporation, By its Commissioner, Belgaum. (By Sri Raviraj C. Patil, Adv.) - Respondent This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order passed by the Commissioner, Belgaum City Corporation dated 23.06.2012, vide Annexure-C to the writ petition. This writ petition coming on for preliminary hearing this day, the Court made the following: : 2 : ORDER

1.

The order at Annexure-C dated 23.06.2012 passed by the first respondent is called in question in this Writ Petition on the ground that the same is in violation of the principles of natural justice.

Operative part

2.

The records reveal that a show cause notice is issued as per Annexure-B to the petitioner on 23.06.2012 calling upon the petitioner to show cause as to why the petitioner’s building constructed in violation of the sanctioned plan should not be demolished. The petitioner was given 7 days notice time for filing objection. The matter was to be heard at 3.30 p.m. on 30.06.2012. Strangely the impugned order came to be passed on 23.06.2012 itself, which means that the show cause notice as well as the impugned order are passed on the very day. Such an order at Annexure-C is clearly in violation of the principles of natural justice. This Court is at a loss to understand as to how such order is passed on the date on which the show cause notice was issued. : 3 : The procedure followed by the respondent is not only illegal but also arbitrary. The respondent being the authority of State should not have ventured to pass such an arbitrary order. Accordingly the impugned order Annexure-C stands quashed. The petitioner is granted 15 days time from this day to file statement of objections to the notice Annexure-B. Thereafter the respondents shall visit the spot and based on fact situation and other material on record take appropriate decision in the matter. Petition is allowed accordingly. Sd/- JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Petition is allowed accordingly

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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