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2026 Supreme(Online)(Kar) 28136

THE HIGH COURT OF KARNATAKA
Suraj Govindaraj, J
Shilpa Kalleshwara – Appellant
Versus
Sulikere Grama Panchayat – Respondent
WP No. 10551 of 2026



Advocates:
For the Appellants/Petitioners: Bhargava D Bhat
For the Respondents: C M Nagabushana

An administrative authority must provide a show-cause notice and a reasonable opportunity of being heard before canceling a building license, even if the cancellation is a consequential action.

Headnote:The petitioner challenged an order issued by a local authority canceling a building license without prior notice or opportunity for a hearing. The petitioner asserted that such unilateral cancellation violated principles of natural justice, while the respondent argued the cancellation was a consequential result of a higher authority's layout plan revocation. The court held that even for consequential orders, the requirements of natural justice must be strictly adhered to. The core issue was whether an administrative order affecting property rights can be passed without notice. The ratio decidendi established that a failure to issue a show-cause notice and provide a right to be heard renders an administrative action legally deficient under the principle of audi alteram partem. The final outcome was that the petition was allowed, and the impugned order was converted into a show-cause notice, granting the petitioner time to respond.

Table of Content
1. challenge to summary cancellation of building license. (Para 1 , 2)
2. requirement of natural justice in consequential administrative orders. (Para 3 , 4 , 5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24.03.2026 BEARING NO. SUGRAPAN/313/2025-26 ISSUED BY THE RESPONDENT (AS PER ANNEXURE A) AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a Writ of Certiorari or any other appropriate writ or direction setting aside the order dated 24.03.2026 bearing No.SuGraPan/313/2025-26 issued by the Respondent; (as per Annexure-A)

b. For Costs;

c. For any other relief deemed fit in the facts and circumstances of the above case.

2. The grievance of the petitioner is that the building license sanctioned by respondent has been cancelled vide the impugned order at Annexure-A dated 24.03.2026, without issuing a show-cause notice and without providing an opportunity to the petitioner for being heard.

3. Learned counsel for the respondent submits that the said cancellation is a consequential order passed pursuant to the cancellation of the layout plan sanction by the BDA.

4. Be that as it may, even if it is a consequential order, the respondent was required to issue a show-cause notice to the petitioner, furnishing all relevant details and materials, so as to enable the petitioner to effectively reply to the same and placing her contentions on record.

5. The same not having been done, I am of the considered opinion that the principles of natural justice have been violated. As such I passed the following;

ORDER

i. The writ petition is allowed.

ii. A certiorari is issued, the order dated 24.03.2026 at Annexure A is read down as a show-cause notice.

iii. Petitioner is granted two weeks’ time to reply to the same from today. Reply to be furnished by end of day 23.06.2026, which shall be considered by the respondent and pass necessary orders in accordance with law after providing adequate opportunity to the petitioner to be heard in the matter.

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