NAGAMANI Vs. CHIEF OFFICER

JUDGEMENT

(1.) The petitioner claiming to be the owner of site bearing (Old No.4819/169) New No.6051/5983/48 within the Hosadurga Town Municipality is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the impugned order bearing No. . Á/ Dgï-223/2015-16 dtd. 14/12/2015 (Annexure-H) by which the katha standing in the name of the petitioner is cancelled and the name of the Chief Officer, Hosadurga Town Municipality is entered.

(2.) Heard the learned counsel Sri.Jayakirihi.C., for petitioner and learned counsel Sri.S.Mahesh for respondent-Municipality. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the site in question was initially allotted to one Smt.Kaveramma and subsequently under Annexure-A, registered sale deed dtd. 3/10/1998, the petitioner purchased the site in question from Smt.Kaveramma. Thereafter, name of the petitioner was entered in the records and katha was transferred in the name of the petitioner in terms of Annexure-B. It is submitted that the petitioner is paying property tax in respect of site in question. The respondent-Municipality approved the building plan where the petitioner has constructed the residential premises. Learned counsel would submit that without issuing any notice and without providing any opportunity, under impugned order dtd. 14/12/2015 (Annexure-H), katha standing in the name of the petitioner is cancelled and the name of the Chief Officer, Hosadurga Municipality is ordered to be entered. Learned counsel referring to the statement of objections filed by the learned counsel for respondent would submit that notice said to have been issued i.e., Annexure-R3 dtd. 7/8/2015 is not served on the petitioner and the said notice is returned to the sender as could be seen from Annexure-R4. Thus, it is submitted that there was no opportunity to the petitioner to defend herself before the respondent- Municipality. Thus, learned counsel would submit that in view of the above circumstances, only on the ground of violation of principles of natural justice, writ petition is liable to be allowed.