IH HE HIGH COURT O KARNATAKA T BANGALORi, Dated this the 26th Day of N y 1998 B ORE THE 40N BEE MR. JUTICE CHiNDRAHEiUAIAH Between: Boragatti Basavaraj 0 S/o.Bdsappa, Major 0 Agriculturist 0 resident of Amalapur Vi1lge 0 Kudligi Taluk 0 Bellary District, ...PETITICNER (By Sri.D.R.Rajashekarappa 0 dv,) Ar: 1, Nimbafli Sharanapr, 5/0 .Chennabasappa, Major 0 .-qricu1turit resident of na1apur Viiicge 0 Ku igi Talik, Be11ar Ditriet, 2. The Secretary 0 Grama P nchayath, Choucapur village, Kudligi Taluk, Bel1ar Distri 3 The Ai tant Commi, n r, ‘o’ b—ivisi r, Hopet, Bellary District • •REP NIB T (By Sri.K.Bagara • H. 2 P fo R-3 This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to quash the order dated 19.12.1996 vide Annexure and licence vide nnexure E’ at, 28—394. This Writ petition coming on for Preliminary Hearing in ‘B (roup this day, the Court made the following: ORDER The petitioner has challenged the grant of licence made by the 2nd respondent in favour of the 1st respondent by way of an appeal before the Assistant Commi ssioner. The Assistant Cmtjssjoner dismissed the appeal by his rder dated 9.12.1996 holding no appeal is provided as against the grant of licence to construct th€. building, This order is under challenge in this rit Fettion, 2. Any order passed under sub—sectionCi) uL of Section 64 is appealable r Section 64(5) of the Act, Iher f re ‘he ssita t Cis ioner was not right in rejecting the appeal on the ground .1 that no appeal is provided Therefore in my opinion, the matter requires reconsieration I the resu1t I pass the following order: 3 The ø4rit Petition is allowed The order of the Assistant Commissioner dated l912,l996 produced -s Annexure is quashed The matter i remitted to the Assistant Cimiissioner, Hospet subdivision, Hospet to dispose of the ajpeal afresh after due notice to all the parties concerned Sd! 3UDGE F ,, J,:’ , * P sps/*