Confirmation order under Sec. 321 of the KMC Act was upheld, supporting the dismissal of the appeal.

JUDGMENT/ORDER

1. The petitioner aggrieved by the order dtd. 27/9/2019 passed in Appeal No.823/2016 by the Karnataka Appellate Tribunal, Bengaluru, has filed this writ petition.

2. Brief facts leading rise to filing of this petition are as under: The elder brother of the petitioner viz. M. Krishnappa filed a suit in O.S.No.123/1993 against the petitioner and his brothers for partition and separate possession in respect of the joint family properties. The family members of the petitioner have filed a compromise petition in the said suit and accordingly, entire land in Sy.No.102/2 measuring 1 acre 33 guntas fell to the share of the petitioner and his brothers jointly excluding M Krishnappa and subsequently, the said Krishnappa had sold the property which was fallen to his share to third parties. It is contended that Krishnappa has forged the signature of the petitioner and his brothers and created a panchayath parikath and on the basis of the said panchayath parikath, he got entered his name in the RTC in respect of Sy.No.102/2 measuring 8 guntas. On the strength of the RTC, the said Krishnappa tried to interfere with the peaceful possession of the property in Sy.No.102/2. The petitioner and others filed a suit in O.S.No.798/2009 for the relief of permanent injunction against the said Krishnappa. In order to avoid the interference of Krishnappa, the petitioner and his brothers have constructed a building in Sy.No.102/2 during the year 2007-08. Krishnappa gave a complaint on 21/12/2015 to respondent No.2 about the illegal construction of the shed. Respondent No.2 on the strength of the complaint filed by Krishnappa has initiated proceedings under the provisions of the Karnataka Municipal Corporation Act, 1976 (for short 'the KMC Act'). A provisional order was passed under sub sec. (1) of Sec. 321 of the KMC Act. Thereafter, show cause notice was issued under sub sec. (2) of Sec. 321 of the KMC Act along with the copy of the provisional order to the petitioner. The petitioner submitted a reply to the said show cause notice. Respondent No.2 being dissatisfied with the reply submitted by the petitioner has confirmed the provisional order under sub sec. (3) of Sec. 321 of the KMC Act. The petitioner aggrieved by the confirmation order dtd. 6/9/2016 preferred appeal before the Karnataka Appellate Tribunal in Appeal No.823/20126. The Appellate Tribunal after hearing the parties dismissed the appeal and confirmed the confirmation order dtd. 6/9/2016. The petitioner aggrieved by the same has filed this writ petition.

3. Heard learned counsel for petitioner.

4. Learned counsel for the petitioner submits that respondent No.2 without holding an enquiry, passed an order of confirmation under sub sec. (3) of Sec. 321 of the KMC Act. He submits that the confirmation order passed by respondent No.2 is in violation of the principles of natural justice.

5. .He submits that the Tribunal without considering the said aspect has proceeded to pass the impugned order. He submits that the impugned order passed by the Appellate Tribunal is contrary to Sec. 321 of the KMC Act. Hence, on these grounds he prays to allow the writ petition.

6. Perused the records and considered the submissions of the learned counsel for the petitioner.

7. In order to consider the case of the petitioner, it is necessary to examine Sec. 321 of the KMC Act.

"321. Demolition or alteration of buildings or well work unlawfully commenced, carried on or completed.- (1) If the Commissioner is satisfied,-

(i) that the construction or re-construction of any building or hut or well,- (a) has been commenced without obtaining his permission or where an appeal or reference has been made to the standing committee, in contravention of any order passed by the standing committee; or

(b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based; or (c) is being carried on, or has been completed in breach of an