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2024 Supreme(Online)(Kar) 44460

KARNATAKA HIGH COURT
MR. J DEEPAK GOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


ORDER

The petitioner, who has the benefit of the lease vide the Lease Deed dated 30.08.2021 for the property measuring 1 acre in Sy.No.249/2 of Baladare village, Dandiganahalli Hobli, Chennarayapatna Taluk, Hassan District [the subject property], has impugned the third respondent’s order dated 21.08.2023 [Annexure-J]. The third respondent, by this impugned order, has informed the petitioner that he has commenced the construction of a MSD/HSD Outlet [Petrol Bunk] in the subject property without obtaining Building License and Plan Approval and that a police compliant is also filed against him in this regard.

2. The petitioner, apart from impugning this Order dated 21.08.2023, has also sought for declaration that the petitioner is entitled to deemed Building Licence and Trade Licence in terms of the provisions of Sections 64(2) and 70 (2-C) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 [for short, ‘the Act’] with a prayer for direction to issue Building Licence and Trade Licence.

3. Sri Ashok Haranahalli, the learned Senior Counsel for the petitioner, relying upon the different annexures appended to the writ petition, asserts the following as indubitably established facts an

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