LAKSHMI GOLDEN BEACH RESORT Vs. THE COMMISSIONER, HAMPI WORLD HERITAGE AREA MANAGEMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) The petitioner-Sri.Lakshmi Golden Beach Resort, a registered Partnership Firm is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the endorsement dated 28.07.2010 bearing No............/4/2008-09/503 issued by respondent No.1 and for a writ of mandamus directing respondents No.1 and 2 not to interfere in the running of Sri.Lakshmi Golden Beach Resort and to renew license for the vegetarian and non-vegetarian Restaurant including all other facilities as granted by license in 1999. Under endorsement dated 28.07.2010 AnnexureAA the petitioner's request for renewal of Resort license has been refused.

(2.) Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent No.3, Sri.Prashant F Goudar, learned counsel for respondent No.1- Hampi World Heritage Area Management Authority ('HWHAMA' for short) and Sri.Sanjay S Katageri, learned counsel for respondent No.2- Panchayat.

(3.) Brief facts of the case are that the father of Managing Partner of the petitionerFirm had obtained conversion from agriculture to commercial in respect of land in Sy.No.41/A to an extent of 2 acres 20 guntas out of 6 acres 23 guntas situated at Virupapura Gaddi village, Anegundi Panchayat, Gangavathi Taluk, Koppal District on 17.02.1999. Thereafter, he applied for building license to respondent No.2-Gran Panchayat. The respondent No.2-Gran Panchayat as per Annexure-B dated 25.02.1999 issued license for construction of building with certain conditions. The petitioner had also applied to the Gram Panchayat seeking permission to run Hotel in the building. The respondent No.2 under Annexure-C dated 25.02.1999 accorded permission to run the Restaurant and as per Annexure-D issued license to run Sri.Lakshmi Golden Beach Restaurant and Resort. It is also submitted by the learned counsel for the petitioner that as per Annexure-E, the Tourism Department of the Government of Karnataka approved the petitioner's Hotel project. Under Annexure-F dated 17.10.2002, the Ministry of Tourism, Government of India had sought clarification from the Deputy commissioner, Koppal Districtrespondent No.3 herein with regard to approval given to the project of the petitioner. Thereafter, the Deputy Commissioner, Koppal addressed a letter on 29.03.2003 under Annexure-G to the Tahasildar, Gangavathi seeking report among others as to whether the petitioner's Resort i.e. Sri.Lakshmi Golden Beach Resort falls within the Hampi Authority. Accordingly, under Annexure-J, the Commissioner of Hampi Authority sent the report stating that the land of the petitioner in Sy.No.41/A of Virupapura Gaddi village falls within the core zone area of the Authority and no permission for construction of building has been granted by the Authority. Thereafter, the petitioner made representation dated 14.03.2008 to the respondent No.1 seeking permission to open the Resort and to renew the license. After getting necessary reports from the various Authorities, the respondent No.1-Authority issued impugned endorsement on 28.07.2010 refusing to renew the Resort license. Challenging the said endorsement and seeking for a writ of mandamus as stated above, the petitioner is before this Court.