THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL Nos.545, 551 & 582 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
All the three writ appeals are arising out of common order
dated 14.09.2021 passed in W.P.Nos.15303 & 21322 of 2020 and
15890 of 2021 by the learned Single Judge.
The facts of the case reveal that there was a serious dispute
between T. Kumara Swamy (General Secretary, Mudiraj Employees
Welfare Cultural Society, Kollapur) and S.V.K.K.B.A. Lakshma Rao.
Sri Lakshma Rao was claiming ownership in respect of Block No.10
and it was alleged by him that the Mudiraj Employees Welfare
Cultural Society (for short, "the Society") obtained building
permission in respect of Block No.3 and he is constructing on Block
No.10. Sri Lakshma Rao has submitted a complaint on
10.08.2020
.
The undisputed facts also reveal that the Society applied for building permission on 15.11.2020 and the same was granted on 15.11.2020. As a serious dispute arose in respect of construction over Block No.10, the permission granted was cancelled without granting any opportunity of hearing to the Society. In those circumstances, the writ petition preferred by the Society has been allowed by the common order. Not only this, out of the other two writ petitions, the writ petition filed by Sri Lakshma Rao was dismissed and the writ petition filed by Sri T. Kumara Swamy was 2 disposed of by the common order. However, the dispute, which is remained before this Court was whether the Society was raising construction over Block No.10 or Block No.3. The Kollapur Municipality during the pendency of the present writ appeals has passed an order on 15.11.2021 and they have arrived at a conclusion that the deemed permission for construction was obtained in respect of Block No.3, whereas construction was initiated in Block No.10 and therefore, as there is difference in schedule of properties and location, the permission deserves to be cancelled and it has been accordingly cancelled. Meaning thereby, the common order passed by the learned Single Judge deserves to be set aside and it is accordingly set aside with a liberty to the parties to avail the other alternative remedies by taking recourse to the procedure prescribed under law.
With the aforesaid, the writ appeals are disposed of. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 18.11.2021 ES