[Cites 2, Cited by 0]
Karnataka High Court
Shri Bashirahmed S/O Nabisab Maniyar vs The Deputy Commissioner on 18 March, 2026
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NC: 2026:KHC-D:4328
WP No. 101028 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 101028 OF 2022 (LB-RES)
BETWEEN:
1. SHRI. BASHIR AHMED
S/O. NABISAB MANIYAR,
AGED ABOUT 53 YEARS,
OCC. AGRICULTURE,
R/O. #1277/1, STATION ROAD,
KHANAPUR TALUK,
DIST. BELAGAVI-590002.
2. SHRI. HUSSAINSAB
S/O. NABISAB MANIYAR,
AGED ABOUT 60 YEARS,
OCC. AGRICULTURE,
R/O. #1277/1, STATION ROAD,
KHANAPUR TALUK,
DIST. BELAGAVI-590002.
...PETITIONERS
(BY SRI. MALLIKARJUNSWAMY.B.HIREMATH, ADVOCATE)
Digitally signed
by
PREMCHANDRA
MR AND:
Location: HIGH
COURT OF
KARNATAKA
1. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT
BELAGAVI-590002.
2. THE CHIEF OFFICER,
TOWN PANCHAYAT, KHANAPUR
KHANAPUR TALUK,
BELAGAVI DISTRICT-590002.
3. SHRI JAVED S/O NAZIR SHAIKH,
AGED ABOUT 46 YEARS,
OCC. BUSINESS,
R/O. JANGU MEDICALS,
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NC: 2026:KHC-D:4328
WP No. 101028 of 2022
HC-KAR
DARBAR GALLI, BELAGAVI,
BELAGAVI-590002.
...RESPONDENTS
(BY SRI.P.N.HATTI, HCGP FOR R1;
SRI. SADIQ.N.GOODWALA, ADVOCATE FOR R2;
SRI. SOURABH MIRJE, ADVOCATE FOR
SRI. SHIVARAJ.S.BALLOLI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Mallikarjunswamy B. Hiremath, counsel for the
petitioners, Sri P. N. Hatti, HCGP for respondent No. 1, Sri.Sadiq
N. Goodwala, counsel for respondent No. 2 and Sri.Sourabh
Mirje, counsel on behalf of Sri.Shivaraja.S.Balloli, for respondent
No.3, appeared in person.
2. The Writ petition is filed seeking the following reliefs:
A. "Issue writ of Certiorari quashing the impugned order
dated 10.02.2022, passed by respondent No.1 bearing
No.BGM/DUDC/APPEAL/CR/04/2021-22, which is
produced at Annexure-"M".
B. Issue such other writ, order or direction as this Court
deems fit in the interest of justice and Equity."
NC: 2026:KHC-D:4328
HC-KAR
3. Brief Facts of the Case.
The petitioners are the absolute owners of properties
bearing TMC Nos. 1277/1 and 1277/2 situated at Station Road,
Khanapur. They acquired ownership through registered sale
deeds dated 09.01.1998. Adjacent to the petitioners' properties
lies TMC No. 1278, owned by Respondent No. 3.
With the intention of putting up a new construction, the
petitioners demolished the existing old structure on their
properties and submitted an application to Respondent No.2
seeking building permission. The said authority, by order dated
27.07.2020, granted building permission after approving the
plans submitted by the petitioners.
However, due to the COVID-19 pandemic and other
unavoidable circumstances, the petitioners could not complete
the construction within the stipulated time. Consequently, they
applied for renewal of the building permission on 24.11.2021.
Respondent No.2, upon consideration, granted renewal of the
building permission on the same day, i.e., 24.11.2021.
NC: 2026:KHC-D:4328
HC-KAR
While the construction was in progress, Respondent No.3
began interfering with the petitioners' construction activities and
challenged the renewal of building permission before the Deputy
Commissioner.
The Deputy Commissioner, by order dated 10.02.2022, set
aside the renewal of building permission dated:21.01.2021 on
the ground that the petitioners had allegedly enhanced the
measurements in the property extracts pertaining to TMC Nos.
1277/1 and 1277/2.
Aggrieved by the said order of the Deputy Commissioner,
the petitioners have filed the present writ petition on various
grounds as set out in the memorandum of the writ petition.
4. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the papers with
care.
5. Having not challenged the original grant of building
permission dated 27.07.2020, which had attained finality,
Respondent No.3 is estopped from questioning the subsequent
renewal of the very same permission. The renewal granted on
NC: 2026:KHC-D:4328
HC-KAR
24.11.2021 is merely a continuation/extension of the original
building permission and does not create any new or independent
rights. Therefore, in the absence of any challenge to the original
sanction, Respondent No.3 cannot indirectly assail the same by
questioning its renewal.
6. The impugned order passed by the Deputy
Commissioner, entertaining such a challenge, is therefore
unsustainable in law and liable to be set aside on this ground
alone.
7. The Writ of Certiorari is ordered. The order
dated:10.02.2022 passed by the first respondent vide Annexure-
M is quashed.
8. Resultantly, the Writ Petition is allowed.
Sd/-
(JYOTI M)
JUDGE
MRP,AM
List No.: 1 Sl No.: 48
