RAZIA MAHEMOOD Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Mr. Liyaqat Fareed Ustad, Advocate for Petitioner Mrs. Archana P. Tiwari, AGA for Respondent No.1 The present writ petitions have been filed by the petitioner apprehending demolition of the property in pursuance of the Notice dated 24.08.2016 given by the respondent - Commissioner, City Municipal Council, Raichur that the property constructed by the petitioner at Teen Khandil Circle to Ashok Depot Circle is unauthorized and for widening the road up to 55 feet, such unauthorized construction has to be removed.

(2.) Learned counsel for the petitioner submits that the construction in question by the petitioner is not unauthorized but is authorized one. Date of order: 29.08.2016 WP 204507 -509/2016 Razia Mahemood Vs Deputy Commissioner & another

(3.) The case obviously involves questions of facts which deserves to be determined by appropriate Civil Court on the basis of relevant evidence like sanctioned plan, title of the petitioner, actual construction raised by her and the requirement of the road widening and whether such road widening would require the public land to be used or some portion of petitioner's land and construction will have to be taken for that purpose. These all questions of fact can either be adjudicated upon by the respondent - Commissioner, City Municipal Council, Raichur also or by a competent Civil Court.