Smt. Tolasamma vs The Chief Executive Officer
2022 Latest Caselaw 3153 Kant

                            1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

            WRIT PETITION NO.4956/2020 (LB-RES)

BETWEEN

SMT. TOLASAMMA
W/O C N MALLIKARJUNA,
AGED ABOUT 40 YEARS,
AGRICULTURIST,
R/O GOLLAHARAHALLI VILLAGE,
CHANNAGIRI TALUK,
DAVANGERE DISTRICT -577552
                                             ...PETITIONER
(BY SRI RAVINDRA V S, ADVOCATE)

AND

1.    THE CHIEF EXECUTIVE OFFICER
      ZILLA PANCHAYATH
      DAVANGERE DISTRICT,
      DAVANGERE 577002

2.    THE EXECUTIVE OFFICER
      TALUK PANCHAYATH,
      CHANNAGIRI TALUK,
      DAVANGERE DISTRICT 577213

3.    THE PANCHAYATH DEVELOPMENT OFFICER
      GRAM PANCHAYATH,
      BELLEGANUDU,
      CHANNAGIRI TALUK,
      DAVANGERE DISTRICT 577552
                                           ...RESPONDENTS
(BY SRI J.N.ANIL KUMAR, ADVOCATE FOR R1;
                                 2



SRI N.R.JAGADEEHWARA ADVOCATE FOR R2 ABD R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 20.08.2019 ISSUED BY THE R-3 VIDE
ANNX-F AND DIRECT THE R-3 TO IMPLEMENT THE JUDGMENT
PASSED BY THE LEARNED ADDL. CIVIL JUDGE, CHANNAGIRI IN
O.S.NO.132 OF 2015 DATED 13.06.2018 VIDE ANNX-D AND TO
ISSUE LICENSE TO THE PETITIONER FOR CONSTRUCTING
RESIDENTIAL BUILDING ON THE SITE ALLOTTED IN HER
FAVOUR BEARING SITE NO.5, MEASURING 30ft X 40ft,
SITUATED AT GOLLARAHALLI VILLAGE, CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP      THIS DAY, THROUGH VIDEO
CONFERENCE, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner filed a suit in OS No.132/2015 before the

jurisdictional Civil Court for declaration that he is the owner and

in possession of the schedule property in question. The said suit

came to be decreed on 13.6.2018 declaring that the petitioner is

the owner of the schedule property herein and further directed

the 3rd respondent herein to issue license to the petitioner to put

up the construction in the suit property. In pursuance of the

decree passed by the jurisdictional Civil Court, the petitioner

submitted an application with the 3rd respondent so as to issue

license for constructing the building on the schedule property.

However, the said application was rejected by issuing an

endorsement dated 20.8.2019 stating that since the suit in OS

No.161/2011 for injunction is pending consideration, the said

application cannot be considered. Being aggrieved, this writ

petition is filed.

2. I have examined the submissions of the learned

counsel for the parties.

3. A perusal of the judgment and decree passed in OS

No.132/2015 indicates that the petitioner has been declared as

owner in possession of the schedule property and further a

direction is issued to the 3rd respondent herein to issue license to

the petitioner to put up construction in the schedule property.

However, the 3rd respondent issued the impugned endorsement

stating that the suit in OS No.161/2011 for injunction is pending

consideration.

4. It is undisputed that the petitioner is not a party to

the said suit and in the absence of any order of restraint by the

Civil Court, the impugned endorsement issued by the 3rd

respondent is not sustainable in law. Accordingly, I pass the

following:

ORDER

i) Writ petition is allowed;

ii) The impugned endorsement dated 20.8.2019 issued

by the 3rd respondent vide Annexure-F is hereby quashed.

iii) The 3rd respondent is hereby directed to issue license

permitting the petitioner to put up construction in the schedule

property herein in the light of the judgment and decree dated

13.6.2018 passed in OS No.132/202015. The said exercise shall

be concluded within two months from the date of receipt of copy

of this order.

Sd/-

JUDGE

BKM