J. RAMESH CHAND Vs. COMMISSIONER

JUDGEMENT

(1.) W.P.No.28449/2018 is filed seeking for a writ in the nature of certiorari to quash the order dtd. 20/9/2011 passed by the respondent No.3 under Sec. 321(3) of the Karnataka Municipal Corporations Act, 1976 (henceforth referred to as "KMC Act, 1976" for short) as well as the order dtd. 30/9/2015 passed by the Karnataka Appellate Tribunal (henceforth referred to as "Tribunal" for short) in Appeal No.839/2011 and the order dtd. 31/5/2018 passed by the Tribunal in Miscellaneous Petition No.55/2017.

(2.) The petitioner claims that he and his family members are joint owners of the property bearing New Municipal No.34 and northern portion of New Municipal Corporation No.30 situated at Central Street, Shivajinagar. The petitioner sought sanction of a building plan to develop the aforesaid property for commercial use, which was granted on 12/5/2010 permitting the petitioner to construct stilt and three upper floors. The petitioner claimed that he constructed the building in accordance with the "Building Bye-Laws". The respondent No.3 issued a notice on 18/8/2011 addressed to Mr. Abdul Wahid Patel stating that the building plan was obtained fraudulently by showing a wrong boundary on the western side. The petitioner claims that Mr. Abdul Wahid Patel was not the owner of the property. Later, the respondent No.3 issued a notice under Sec. 321(1) of the KMC Act, 1976 on 18/8/2011 to Mrs. Ruksana Waheed Patel, wherein it was stated that the construction over the schedule property was in violation of the "Building Bye-Laws". Later, on 20/9/2011, the respondent No.3 passed an order of confirmation under Sec. 321(3) of the KMC Act, 1976. Aggrieved by the said order, the petitioner filed an Appeal No.839/2011 before the Tribunal. The appeal was listed for arguments on 30/9/2015, on which day it was dismissed for non-prosecution. Later, the petitioner filed Miscellaneous Petition No.55/2017 before the Tribunal for restoration of the appeal. The Tribunal by its order dtd. 31/5/2018 dismissed the Miscellaneous Petition. Being aggrieved by the aforesaid orders, the petitioner has filed this writ petition.

(3.) W.P.No.21/2012 is filed by the neighbour of the petitioner in W.P.No.28449/2018 seeking for a writ in the nature of mandamus to initiate appropriate action against the unauthorized construction put up, by initiating action under Sec. 462 of the KMC Act, 1976.