1999 A I H C 3994 ::(2000) 1 Kant LJ 314

Karnataka High Court

Hon'ble Judge(s): P. Vishwanatha Shetty , J

Karnataka Municipalities Act (22 of 1964) , S.306(1)— Order passed by Deputy Commissioner - Suspending resolution of Town Municipal Council granting building licence to a person - Order cannot be passed without hearing the person likely to be affected by the order. Constitution of India , Art.14— Section 306 (1) of Karnataka Municipalities Act, 1964 does not in explicit terms provide for giving an opportunity to a person who is likely to be affected on account of an order being made by the Deputy Commissioner in exercise of the power conferred on him under sub-Sec. (1) of S. 306 of the Act. But it is necessary to point out that when certain rights have accrued to a party by virtue of a resolution of the Municipal Council, if the resolution of the Municipal Council is to be nullified to the detriment of the person for whose benefit the resolution of the Municipal Council came to be passed, though the provisions in explicit terms does not provide for giving an opportunity to the person who is likely to be affected on account of the decision of the Deputy Commissioner suspending the resolution of the Panchayat, such a person must be heard. .....