/ TN THE HIGH COURT OF V(NATAKF T B,NGAL ORE Dt Fi the Iethdy THE HON EL F MR JUC TICE CHANDRASHEKAR( IAH WPN 3 725/97 ti. G. L. JaJ3Ti3h, • c.N.Lingaiah, ‘/o. No.49, 3asawesh ara Layout, Iij yandgar, anqalore — 40. (3 Sri, .Vera n8dra a L he Ccporation cf -ity 3ancilore, by it Dom issioner, JcD, Road, 3noJore ? The ssitant ecutive E 1 dneer, Than ra layout, Duo— ivicion, n alore ... P titioner; •“ ondents; Th petition i. filed under rt 22( and 22/ of the Conbtitution praying to quas[ tEorder ft,1O—9—97 & iO—°—37. Fhi petition coming on for pr€liminary hearing in B group thie day the (ourt made tL’ following —2- WI’ 28/25/97 o P La E 18—6-1998 The petitioner after obtaining necessary licence and atter getting the nlan sanctioned has put up the construction on site No.4 situte at Basaveshwara layout (Chandra layout) in K.P.Agrahara Kasaba Hobli, Bangalore North taluk, Bangalore. The Corporation passed a provisional order dated 10-9-97 directing the petitioner to show cause why action should not be taken to reve the unauthorised construction on the ground the construction put up by the petitioner is unauthoriscd According to the learned counsel for the petitioner the provi. ional order wa received by him on 9 9 1997. It is submitted that izrdiately after ,ceipt of the aid on r tt pa iti ncr appeflc4 and requested for time but the Otticer of V h Fondent Corports n ‘i ‘ pc c. a t nfl order t’ n 0 9-1997 under Sec. 321(3 of the KNC ActA This o dcr is under challenge or tie ground that no opportunity was afforded to ‘i titioner to tile objections. The statement made by the petitioner that he received the provisional ‘rder on 29-9—97 is not disputed by the Corporation by filing any stdcement of objections. jf that is so. the rorporation was not ric,ht in passing the order on —3— - — e the very next iat that is 3O97. Therefore, in my opinion the final order passed bi the Coiporation is liable to be quashed as it has neen passed in violation of principles ot natura 1 justie. 3. Accordingly, writ petition is allowed. The impugned order dated 3O9l997 (Anncxure-D passed under Sec32i(3) of tha Act. is quashed and the matter is remitted to the 2nd respondent to dispose of the matter afresh after due notice to the petit ioner Sal Hc f