KRISHNARAO KODANCHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In Writ Petition No.21080/2023, the petitioner - Sri Krishnarao Kodancha has assailed the communication dtd. 27/7/2023 issued by respondent No.2 - City Municipality, Udupi, which is produced at Annexure-'A'. In terms of the said communication, the City Municipality has opined that no action could be taken on the complaint made as regards the licence granted to construct the Community Hall in light of the order passed by the Court of III Additional Civil Judge and JMFC, Udupi on 1/7/2023 in O.S.No.328/2023. Krishnarao Kodancha (hereinafter referred to as 'the complainant') has also sought for issuance of writ in the nature of mandamus to direct the respondent City Municipality, Udupi, to consider the representation dtd. 23/3/2023 made by the petitioner and to take steps to cancel the licence granted to Chosen Generations Ministries (Registered), a Public Charitable and Religious Trust for construction of building.

(2.) W.P. No.7466/2024 has been filed by Chosen Generations Ministries which is a registered Public Charitable and Religious Trust (hereinafter referred to as 'the Trust'), calling in question the legality of the order at Annexure-'R' dtd. 15/2/2024 passed by the City Municipality, Udupi, cancelling the Building Licence issued to the said Trust. In the said impugned order dtd. 15/2/2024, the City Municipality, Udupi, has observed that the file of the petitioner seeking sanction plan was sent to Udupi Urban Development Authority who has opined that in terms of the "Master Plan - (Revision 1) of Udupi-Malpe Planning Area - 2021 Zoning Regulation & Building Bye-Law" (for short 'the Zonal Regulations') of the Authority, there is no provision for granting permission to construct Community Hall. It was further observed that there was variance with application of the Trust and purpose mentioned therein vis -vis the purpose mentioned in the Plan that is sanctioned. Accordingly, the Authority had directed the City Municipality to take appropriate action to cancel the Plan in light of violation of the conditions of the Plan. After issuing notices under Sec. 187 of the Karnataka Municipality Act, 1964, (for short 'the Act'), an order is passed to cancel the building licence granted.

(3.) In light of both the Writ Petitions seeking relief relating to an identical factual matrix, both the Writ Petitions are taken up together and disposed off by a common order.