B. BASHEER Vs. MANGALURU CITY CORPORATION

JUDGEMENT

(1.) The petitioners are stated to be the joint owners of the property bearing T.S.No.126 R.S.No.546 comprising of converted land to an extent of 0.15 cents situated at Attavara Village, Mangaluru Taluk, Jappu Ward, Mangaluru City.

(2.) The petitioners state that they had constructed a building after obtaining a licence in accordance with the plan issued on 11.06.2008 by the respondent-Mangaluru City Corporation.

(3.) It is stated that the respondent has initiated proceedings under Section 321 of the Karnataka Municipal Corporations Act, 1976 ('the Act' for brevity) and an order has come to be passed under Section 321(3) of the Act on 14.09.2012 directing the petitioners to remove the illegal construction. The said order of the respondent-Mangaluru City Corporation came to be challenged under Section 443-A of the Act in M.A.No.97/2012 before the District Judge at Mangaluru.