JATTAYYA RAMA NAIK Vs. GLAIN

JUDGEMENT

(1.) This matter coming up for preliminary hearing after notice to respondents is disposed of by the following order after hearing the Counsel for petitioner as well as the contesting respondents.

(2.) The petitioner is the tenant of 5 guntas of land in S. No. 30/5 as decided by the Land Tribunal, Honnavar Kasba Village, Honnavar Taluk, Uttara Kannada District. The grant of occupancy rights by the Land Tiibunal is questioned in this Court by the landlords who are respondents 1 to 5. In other words, no finality has been reached in regard to the rights acquired by the petitioner.

(3.) On 14-12-1981 the Chief Officer of the Honnavar Town Municipal Council issued a building licence subject to certain conditions in favour of the petitioner The licence mentions the survey number as 530/5, building No- 725. The respondents 1 to 5 aggrieved by the said grant of licence moved the Deputy Commissioner, Karwar, under sub-sec. (1) of Sec. 306 of the Karnataka Municipalities Act, 1964, (hereinafter referred to as the Act) for suspension of the licence granted, as the same was contrary to law. The Deputy Commissioner- 8th respondent herein accepting the arguments advanced for the respondents 1 to 5 who were petitioners before him passed the impugned order, the operative portion of it is as follows :