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2024 Supreme(Online)(KAR) 10597

HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ, J
NAGENDRA S/O. BALARAM HAIBATTI, MARUTI S/O. BALARAM HAIBATTI, MANJITH S/O. NAGENDRA HAIBATTI – Appellant
Versus
YASHAVANT NARAYANKAR – Respondent


Advocates:
For the Appellants/Petitioners: SMT. SURABHI RAVINDRA KULKARNI, SRI. G.B. SHASTRY
For the Respondents: SRI. BHUSHAN B. KULKARNI

Table of Content
1. petitioners applied for deemed building permission. (Para 2 , 3 , 4)
2. respondents argue council dissolution delays action. (Para 5 , 6)
3. court affirms statutory deeming provisions apply. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. writ petition granted; permission deemed granted. (Para 14)

ORDER

1) Issue a Writ declaring that the building permission for putting up construction of School building in Sy.No.236/1 measuring 2 acres 2 guntas of Belagavi village, applied for by the Petitioners as per the application dated 01/03/2023 in application No. BGM-LBPAS-21076/22-23/BP vide ANNEXURE-D is deemed to have been granted and the Petitioner is entitled to put up construction of the school building.

3) Issue any other writ or direction to meet the ends of justice.

3. In pursuance of the said paper publication, no objections were filed by anyone within the timeframe of thirty days prescribed in the circular and the petitioners have given a reminder dated 16.08.2023 calling upon respondent No.1- Commissioner to process the application. In terms of the said reminder having been issued in terms of sub-section (1) of Section 301 of the Karnataka Municipal Corporation Act , 1976 (

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