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2017 Supreme(Kar) 647

VINEET KOTHARI
C. S. Vishwanath – Appellant
Versus
City Municipal Council, Represented by its Commissioner – Respondent


Advocates Appeared:
For the Petitioner:R. Subramanya, B. Vinayaka, Advocates.

JUDGMENT :

1. The petitioner-Mr.C.S.Vishwanath has filed this petition in this Court challenging the grant of Trade Licence vide Annexure-A dated 12.05.2017 in favour of Respondents 4 and 5 Smt.S.R.Soumya and Dr.Pratap V.G.M.

2. The learned counsel for the petitioner submitted that contrary to Zonal Regulations, the private Respondents have converted their residential house into a Hospital/Nursing Home and even the Pharmacy shop therein has been opened. The site photograph Annexure-F is produced as part of the petition.

3. The learned counsel for the petitioner has submitted before the Court that a representation was filed before the concerned authority namely, the Commissioner of Urban Development Authority, Hassan, on 20.04.2017 that such user of the residential house by the private respondents is contrary to the Zonal Regulations and therefore, even the Trade Licence vide Annexure-A could not have been issued in their favour.

4. The learned counsel for the petitioner has drawn the attention of the Court towards the relevant Zonal Regulations, wherein, the user of residential zone in special circumstances under clause 1(b) is permitted for Government offices, public utility buildings





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