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2021 Supreme(Kar) 474

M. NAGAPRASANNA
K. S. ESHWARAPPA S/O SHIVALINGAPPA – Appellant
Versus
COMMISSIONER CITY CORPORATION, SHIVAMOGGA – Respondent


Advocates Appeared:
For The Appellant :SRI PRUTHVI WODEYAR, ADVOCATE
For The Respondent: SRI ASHWIN S.HALADY, SMT.PRATHIMA HONNAPURA, AGA.

ORDER :

The petitioner is before this Court calling in question an order dated 09-11-2021, by which, the property of the petitioner is sought to be demolished invoking certain provisions of the Karnataka Municipal Corporations Act, 1976 (‘the Act’ for short) and has sought for a consequential direction by issuance of writ in the nature of mandamus to hold that the license for such construction is deemed to have granted by the Shimogga City Corporation (‘the Corporation’ for short) under the Act.

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

    The petitioner is a resident of Shimogga and is in possession of a site bearing No.2150/3, PID No.32620, which is carved out of Sy.No.25/3 in Gurupura, Ward No.5 (Old Ward No.12), Shimogga, measuring 1680 sq.ft., which comes within the precincts of the Corporation. The petitioner comes in possession of the said property on purchasing the same in terms of a registered sale deed dated 11-07-2007. It is the claim of the petitioner that khata is changed in his name and he has been paying tax regularly on the property.

3. The petitioner intending to construct a house in the vacant site, m

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