A notice withdrawing building permission under Section 321(2) of the Karnataka Municipal Corporation Act, 1976, is legally unsustainable if the mandatory requirement of serving a provisional order upon the building owner is not fulfilled.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Shriharsha A.Neelopant., counsel for the petitioner and Smt.G.I.Gachchinamath., counsel for respondents have appeared in person.

2. The Writ Petition is filed seeking the following prayers:

“i. To issue a Writ or order or direction in the nature of Writ of Certiorari to quash the impugned notice dated 03.06.2018 passed by the respondent No.1 thereby withdrawing the building permission granted to the petitioner by invoking Section 321(2) of the Karnataka Municipal Corporation Act, 1976 as per Annexure-A.

ii. Grant such other reliefs as deemed fit by this Hon’ble Court in the circumstance of the case, in the interest of justice and equity.”

3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.

4. The issue falls within the narrow compass and relates to the non-furnishing of a provisional order. A notice has been issued to the petitioner under Section 321(2) of the Karnataka Municipal Corporations Act, 1976. It is mandatory to serve a copy of the provisional order upon the owner of the building through the office of the Commissioner. In the present case, the provisional order has not been communicated to the petitioner. Hence, the notice under Section 321 (2) of the Act, cannot be sustained in law.

5. The Writ of Certiorari is ordered. The notice dated 03.06.2018 passed by first respondent is hereby quashed.

6. Resultantly, the Writ Petition is allowed