The court emphasized the requirement of a speaking order and the authority's duty to consider all relevant documents and facts before making a decision.

JUDGMENT :

H T NARENDRA PRASAD, J.

1. This writ petition is directed against the endorsement dated 09.10.2017 issued by the fourth respondent and the show-cause notice dated 21.08.2018 issued by the third respondent vide Annexures J and K, respectively.

2. The brief case of the petitioner is that the petitioner is the owner of the land bearing Sy.No.115/1 measuring 1 acre 31 guntas situate at Bhairathi Village, Bidarahalli Hobli, Ward No.54, Bangalore. The said property was converted from agricultural to the residential purpose vide Official Memorandum dated 03.10.2008.

3. The petitioner made an application dated 29.03.2014 to the BBMP seeking for sanction of building plan for construction in the schedule property. Pursuant to the petitioner's request the fourth respondent has issued a demand notice dated 08.09.2014 directing the petitioner to pay certain amounts towards the licence fee and other charges. Accordingly, the petitioner made payment on 17.11.2014. After receiving the payment, after verifying the documents submitted by the petitioner and inspecting the schedule property, building plan was sanctioned by the fourth respondent on 05.02.2015 vide Annexure-B.

4. It is the further case of the petitioner that there is a road adjacent to the petitioner's property which was being used by the public. Since there is no specific order from the competent authority for reserving that road for public purpose, the petitioner and adjacent land owners have filed an application before the Deputy Commissioner requesting to assign the land situated in Sy.No.28 measuring 1 acre 1.5 guntas as a public road. On receipt of the said representation the Deputy Commissioner while exercising the power under Section 71 of the Karnataka Land Revenue Act,1964 de-reserved the gomal land for the purpose of public road by order dated 12.06.2015 vide Annexure-C.

5. In view of the plan sanction, the petitioner vide letter dated 15.04.2016 (Annexure-D) requested the fourth respondent to issue Commencement Certificate to proceed further with the construction as per the sanction plan. Pursuant to the petitioner's request the fourth respondent issued a letter dated 31.05.2017 vide Annexure-F directing the petitioner to produce the relevant documents. Accordingly, the petitioner has furnished the documents vide letter dated 09.06.2017 (Annexure-G). Even after submitting the necessary documents the fourth respondent has not issued the Commencement Certificate for the project of the petitioner. Hence, the petitioner has filed a writ petition before this Court in W.P.No.35453/2017. This Court by order dated 09.08.2017 disposed of the said writ petition directing the fourth respondent to consider the representation made by the petitioner within four weeks from the date of receipt of a copy of that order. Pursuant to the request made by the petitioner the respondent has issued the impugned endorsement dated 09.10.2017 vide Annexure-J rejecting the request of the petitioner for issuing the Commencement Certificate. Being aggrieved by the same, the petitioner has filed this writ petition.

6. After service of notice the respondents have filed the statement of objections along with the show-cause notice issued by the respondent dated 21.08.2014. After receipt of the notice, the petitioner has filed an application for amending the writ petition challenging the show-cause notice vide Annexure-K dated 21.08.2018. This Court, by order dated 08.01.2009 allowed the application and the petitioner was permitted to amend the writ petition. Hence Annexures J and K are the impugned orders in this writ petition.

7. Sri Vijay Shankar, the learned Senior Counsel appearing for the petitioner firstly submits that the impugned orders are hit by legal malice. To support his contention, he has contended that the impugned order at Annexure-J is passed on the ground that the petitioner has obtained the plan suppressing the true fact and showing the Government land as a connected road to the pro