R. PUSHPALATHA Vs. MYSORE CITY CORPORATION

JUDGEMENT

(1.) THE petitioner, owner of site No.1234, situated at I Stage, Hebbal Layout, Deveraja Mohalla, Mysore, having made an application to the Mysore City Corporation, for approval of plan and issuance of building licence for construction of ground floor building, sanction was accorded on 28.05.2013. Construction having been made and respondent No.2 having submitted an inspection report dated 28.02.2014, a notice dated 01.03.2014 vide Annexure -A alleging violation in the matter of construction was served on the petitioner. The petitioner was served with another notice dated 10.03.2014 vide Annexure -B, to remove within 3 days, the unauthorized construction. Assailing the said notices, as at Annexures - A and B, this writ petition was filed on 14.03.2014.

(2.) SRI . O. Shivarama Bhat, learned advocate, contended that the impugned action of the respondents is arbitrary, since a reply vide Annexure -F, to the notice vide Annexure -A was submitted on 10.03.2014. Learned counsel submitted that without considering the application submitted for issue of modified plan, the respondents having threatened the petitioner of the demolition of the building, in view of the extreme urgency and the grave threat, the writ petition was filed for the relief.

(3.) SRI . O. Shivarama Bhat, conceded that, an appeal lies under S.444 of Karnataka Municipal Corporations Act, 1976, as against the said order of rejection. Learned counsel submitted that the petitioner would avail the said statutory remedy.