CHANNABASANAGOUDA Vs. HUBBALLI DHARWAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner in W.P.No.109609/2016 is the adjoining owner who is aggrieved by the construction of the temple undertaken by respondent Nos.3 and 4. On a complaint filed by the petitioner in W.P.No.109609/2016, respondent No.2- Assistant Commissioner of Hubball-Dharwad Municipal Corporation issued notice to respondent Nos.3 and 4.

(2.) Feeling aggrieved by the notice issued by respondent No.2-Assistant Commissioner, respondent Nos.3 and 4 preferred miscellaneous appeal before the District Judge in M.A.No.52/2008. The learned District Judge has declined to entertain the appeal filed by respondent Nos.3 and 4. Consequently, the appeal was dismissed. The adjoining owner Channabasanagouda is seeking mandamus against respondent Nos.1 and 2 to consider the representations dtd. 11/2/2016 and 25/2/2016 and take action against respondent Nos.3 and 4 for having illegally constructed a temple in violation of the building bye-laws.

(3.) Respondent No.4 filed connected W.P.No.101080/2016 assailing the impugned notice issued by respondent No.2 and the order passed by the learned District Judge.