UMADEVI W/O B. KESHAVA KUNDAR AGED ABOUT 46 YEARS BALAKUDRU PANDESWARA VILLAGE POST: SASTHANA UDUPI TALUK Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF PANCHAYATH RAJ M.S. BUILDING, BENGALURU

JUDGEMENT

(1.) This writ petition was filed by the petitioner with the following prayers:

(2.) The petitioner felt aggrieved by the impugned order, Annexure - 'A' passed by the Executive Officer of the Taluk Panchayath, Udupi, in Appeal No.2/2016-17 (Dennies D'Souza and others Vs. Umadevi and Panchayath Development Officer) which was an order passed on 24.09.2016 setting aside the license No.34/2015-16 dated 11.11.2015 issued in favour of the petitioner, Smt Umadevi, Wife of Keshava Kundar, for construction of building structure for fish cutting and fish waste powder in 0.31 acres in Sy. No. 71/3 of Balkudru Village, Irodi Grama Panchayath, Udupi Taluk and hence, filed this writ petition before this Court.

(3.) The learned counsel for the petitioner, Mr. Vishwajith Shetty, submitted that for setting up of the fish cutting and fish powdering Unit, the petitioner, Umadevi had obtained the due clearance from the State Pollution Control Beard and the Grama Panchayath and therefore, the Appellate Authority, namely, Executive Officer of Taluk Panchayath had no jurisdiction to set aside that construction permission itself, as was done by him by the impugned order, Annexure - 'A' dated 24.09.2016.