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In the High Court of Karnataka at Bangalore

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In the High Court of Karnataka at Bangalore WP.37599/2014 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1ST DAY OF DECEMBER, 2014 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.37599/2014 (GM-KEB) BETWEEN MADRASA MISBAHUL ULOOM (R) MAIN ROAD, GANGOLI-576216 KUNDAPUR TALUKA, UDUPI DISTRICT, REP BY ITS SECRETARY SHRI KAZI ABDUL BASITH, S/O KAZI MOHAMMED TAKI SAHEB, AGED ABOUT 34 YEARS, R/AT TAKYA MOHALLA, GANGOLLI-576216 KUNDAPUR TALUK, UDUPI DISTRICT. ... PETITIONER (By Sri.N.S.BHAT, ADV. FOR Sri R.B.DESHPANDE, ADV.) AND 1. PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT GANGOLLI-576216 AT: GANGOLLI, TALUK, KUNDAPUR, DISTRICT UDUPI. 2. EXECUTIVE OFFICER TALUK PANCHAYAT, KUNDAPUR, AT KUNDAPURA, DISTRICT UDUPI-576201 3. THE DEPUTY COMMISSIONER UDUPI DISTRICT, AT: RAJATHADRI, MANIPAL, UDUPI DISTRICT-576104 4. THE ASSISTANT EXECUTIVE ENGINEER (ELE.) S AND M SUB-DIVISION, MESCOM, BYNDOOR, UDUPI DISTRICT-576214 ... RESPONDENTS WP.37599/2014 2 (By Sri.H.V.MANJUNATHA, AGA FOR R1 – R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.30.1.2014 ISSUED BY MESCOM- BYANDOOR/THE R-4 AS PER ANNEX-C AND CONSEQUENTLY DIRECT R-1 TO GRANT WRITTEN PERMISSION TO THE PETITIONER FOR CONSTRUCTION OF MADARASA BUILDING IN THE SCHEDULE PROPERTY AND FURTHER DIRECT R-4 TO SUPPLY ELECTRIC CONNECTION TO THE SCHEDULE PROPERTY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. A writ of certiorari is sought for quashing Annexure-C endorsement issued By the Assistant Executive Engineer (Electricals), Byndoor SuB-Division, Udupi District. By the said endorsement/communication, petitioner has Been informed that unless they oBtain No OBjection Certificate from the Gangolli Gram Panchayat, their request for supply of electricity to the petitioner – madrasa could not Be considered. 2. Learned counsel for the petitioner suBmits that petitioner had approached this Court earlier in W.P.No.23110/2013 and this Court vide order dated 20.06.2013 had issued a direction to the Panchayat Development Officer, Gram Panchayat, Gangolli, to consider the representation suBmitted requesting WP.37599/2014 3 for issue of permission for construction of madrasa within a period of four weeks from the date of receipt of a copy of the order. But, despite such direction, Gram Panchayat, Gangolli, has not considered the said representation and therefore, respondents have to Be directed to grant permission to the petitioner for construction of madrasa Building in the schedule property and for supply of electricity to the schedule property. 3. Direction as sought By the petitioner cannot Be granted. I do not find any illegality in the impugned endorsement/communication issued By the Assistant Executive Engineer Because unless he is satisfied aBout the construction of the Building By oBtaining permission from the Competent Authority, electricity connection cannot Be given. So far as direction sought against the Panchayath Development Officer to grant permission for construction of madrasa, petitioner has Been already given relief in W.P.No.23110/2013, wherein the panchayath has Been directed to consider the request for grant of permission to put up construction of madrasa. If the Panchayat fails to comply with the said direction, petitioner has to initiate appropriate proceedings against the Panchayat. WP.37599/2014 4 Petitioner cannot file another writ petition seeking the same relief. 4. Therefore, reserving liBerty to the petitioner to proceed against the Panchayat in case if there is any violation of the direction issued By this Court, writ petition is dismissed. Sd/- JUDGE PKS .
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