di IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 18th day of June 1998 Before THE HON ‘BLE MR .JUSTICE CHANDRASHEKARAIAH W .P .No:28155/1997 Between: Mr.AbdulRahaman alias Irshad Ahamed Khan, aged bout 46 yrs. 77, Mosque road, Fraser town, Bangairoe-5, rep. by his PA Holder, Mr.irshad Ahmed. ... Petitioner; (By Sri.Udaya Holia) And: Bangalore Mahanagara Palike, angaloreted by his by its Commissioner. ...Respondent C By Sri.K.N..Putte Gowda ) Writ Petition is filed under Arts.226 and 227 of the Constitution praying to direct the respondent not to take any action to demolish the building bearing No.77, Mosque road, Frazer town, Bangalore—5. This petition coming on for preliminary hearing in B group this day the Court made the following:— —2— WP.28155/97 0 R D E R 18—6l998 SriKN,Putte (aowda, learned counsci is directed to take noti e for the respondent. Accordingly, he appeared for the respondent. 2. The respondent Corporation issued a notice dated 22-9l997 published in the daily newspaper stating that the petitioner and others are constructing buildings in violation of tha sinctioned plan. Thi notice give ri s to the petitioner to tile tflis petition. 3. The learned counsel for the petitioner submitted that there were small deviation while onstructinq the building and the same ha. been reularised by th— Copirtion by ‘evying ompounding fee, On theie facta it I ubrnitted that tricrc is no eason ‘t’or the petiti er to pubiish a notice stating that the petitioner has violated the building plan whii constructing the building, it really, the petitioner has constructed the building contrary to thc approved 4— plan ord viation vtitjf has. rot been regularised or compounded, it is open for the Corporation to pass an order under sec,321 of the Act, after due notice to the petitioner. In the case on hand, —3— there is no such order passed by the Corporation. Theretore there is no reason tor the petitioner to apprehend that there is threat of demolition of his building without passing an order under sec32l of the Act. In the liht t th afsaid, writ petition is disposed of. Sd/ JUDGE Hsf. fs fs