H.KHASIMK Vs. CITY MUNICIPAL COUNCIL

JUDGEMENT

(1.) Petitioner aggrieved by the order dtd. 22/8/2022 passed in M.A.No.43/2022 on the file of 4th Addl. District and Sessions Judge (Commercial Court) Ballari, confirming the order dtd. 18/2/2022 passed by the respondent under Sec. 5 of the Karnataka Public Premises (eviction of unauthorized occupants) Act, 1974 (hereinafter referred to as 'the Act', for short).

(2.) Brief facts leading rise to filing of this writ petition are as under: One M. Pandurang Shetty was the owner of the land in Sy.No.374/2 measuring 23 acres 43 guntas. The said land got converted into non-agricultural. The said M. Pandurang Shetty applied for formation of sites and the layout plan was approved. Thereafter the said M. Pandurang Shetty got formed a layout in Sy.No.374/2 and after formation of layout, he sold the sites to the intending purchasers. The petitioner is the one of the purchasers from the said M. Pandurang Shetty. The petitioner purchased the site No.264 formed in the Sy.No.374/2 measuring 40x60 situated at Ward No.16, Siraguppa under the registered sale deed dtd. 5/7/2017. The respondent issued a notice calling upon the petitioner to demolish the house constructed in the area which is earmarked for park and playground. The petitioner submitted a detailed reply to the said notice. The competent authority, after due enquiry, passed an order under Sec. 5 of the Act directing the petitioner to demolish the building and to handover the vacant possession of the same. The petitioner aggrieved by the same, preferred an appeal in M.A.No.43/2022. The appellate Court after considering the material on record, dismissed the appeal filed by the petitioner. Hence, this writ petition.

(3.) Heard the learned counsel for petitioner and learned counsel for respondent.