S.P. SHRIDHAR Vs. THE STATE OF KAR.

JUDGEMENT

(1.) PETITIONER 's father when allotted Site No. 1565/A in Garden Area measuring 9 feet X 60 feet followed by execution of a conveyance deed, Annexure -A, put up construction of a building by securing prior sanction and approval of the then Municipality. It is the allegation of the petitioner that on 2.2.2011, respondents 2 and 3 -Deputy Commissioner and Commissioner of Shimoga City Municipality respectively demolished the structure without notice and hence, this petition for a writ in the nature of prohibition restraining the respondents from interfering with the petitioner's possession over the schedule property and for a writ of mandamus to 2nd respondent to reconstruct the building demolished by considering the representation dated 4.2.2011, Annexure -B. Petition is not opposed by filing statement of objections of the respondents.

(2.) LEARNED Counsel for the petitioner submits that the entire action of respondents 2 and 3 is violative of rule of law and principles of natural justice, calling for interference, to exercise of extraordinary writ jurisdiction under Article 226 of the Constitution of India.

(3.) LEARNED Counsel for 3rd respondent submits that on the oral instructions of the Deputy Commissioner, 3rd respondent demolished the building belonging to the petitioner.