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
NC: 2024:KHC-D:10720
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.
NC: 2024:KHC-D:10720
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
