Karnataka High Court
Shri.Santosh S/O Laxman Raikar vs The Commissioner on 30 July, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC-D:10720
WP No. 113218 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 113218 OF 2019 (LB-RES)
BETWEEN:
SHRI. SANTOSH S/O. LAXMAN RAIKAR,
AGE: 44 YEARS, OCC: BUSINESS,
R/O ANGADIWADA, KADWAD,
TQ: KARWAR, DIST: UTTARA KANNADA-591201.
...PETITIONER
(BY SRI. A.S. PATIL, ADVOCATE)
AND:
THE COMMISSIONER,
CITY MUNICIPAL COUNCIL,
KARWAR, DIST: UTTAR KANNADA-591201.
...RESPONDENT
(BY SRI. S.V. YAJI, ADVOCATE)
---
Digitally signed
by GIRIJA A
BYAHATTI THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
Location: HIGH
COURT OF OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
KARNATAKA
DHARWAD CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE
BENCH
Date: 2024.08.01 IMPUGNED ENDORSEMENT DATED 20.08.2019 ISSUED BY THE
15:04:51 +0530
RESPONDENT IN NO.NASAKA/KA.PA/ITARE/VIVA/2019-20 AS PER
ANNEXURE-G; ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER
OR DIRECTION DIRECTING THE RESPONDENT TO ISSUE THE
BUILDING COMPLETION CERTIFICATE BY CONSIDERING THE
APPLICATION DATED 03.07.2019 SUBMITTED BY THE PETITIONER
AS PER ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:10720
WP No. 113218 of 2019
CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
1. Heard the learned counsel for the petitioner and also the learned counsel appearing for the respondent.
2. In this petition, prayer is sought to issue writ of certiorari or any other order or direction quashing the impugned endorsement dated 20.08.2019 issued by the respondent in No.NaSaKa/Ka.Pa/Itare/ Viva/2019- 20 as per Annexure-G.
3. Having perused Annexure-G, an endorsement is issued stating that Writ Appeal No.100112/2018 and Review Petition No.100062/2018 are pending for consideration before the Court and till the completion of the same there is no scope for issuance of Completion Certificate.
4. Learned counsel appearing for the petitioner bought to the notice of this Court that the Writ Appeal is already disposed of vide order dated 18.07.2024 and brought a notice of this Court, the observation made in paragraph -3- NC: 2024:KHC-D:10720 WP No. 113218 of 2019 Nos.8 and 9 of the said judgment, wherein the Assistant Executive Engineer, City Municipality, Karwar, who is in-charge of the Commissioner was present before the Court and on enquiry he submitted that the action would be taken based on the report dated 16.07.2024 within four weeks and would complete the same within a reasonable time. Taking note of the said submission, respondent No.1 is directed to initiate action in terms of Section 187 and 187-A of the Karnataka Municipalities Act, 1964, based on the spot inspection report dated 16.07.2024 of the property and complete the proceedings within three months from the date of disposal. It is made clear that three months time is stipulated in terms of the order passed in the Writ Appeal.
5. Learned counsel also brought to the notice of this Court that the Review Petition referred in the endorsement is also disposed of.
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NC: 2024:KHC-D:10720 WP No. 113218 of 2019
6. Learned counsel appearing for the respondent, producing the order passed by this Court in Writ Appeal contended that this petition has become infructuous.
7. Having considered the submission of the petitioner' counsel and also the counsel for the respondent and also in view of the observations made by this Court in Writ Appeal No.100112/2018 and as endorsement is also subject to the decision going to be taken by this Court, when the Writ Appeal was also disposed of subject to the result of the decision of the respondent No.1 as observed in the Writ Appeal, this writ petition also disposed of with liberty to the petitioner to approach the appropriate forum after the final decision is taken by the respondent No.1.
8. Accordingly the Writ Petition is disposed of.
Sd/-
(H.P.SANDESH) JUDGE gab List No.: 1 Sl No.: 72