C. S. Vishwanath v. City Municipal Council, Represented by its Commissioner
2017-09-20
VINEET KOTHARI
body2017
DigiLaw.ai
JUDGMENT : 1. The petitioner-Mr.C.S.Vishwanath has filed this petition in this Court challenging the grant of Trade Licence vide Annexure-A dated 12.05.2017 in favour of Respondents 4 and 5 Smt.S.R.Soumya and Dr.Pratap V.G.M. 2. The learned counsel for the petitioner submitted that contrary to Zonal Regulations, the private Respondents have converted their residential house into a Hospital/Nursing Home and even the Pharmacy shop therein has been opened. The site photograph Annexure-F is produced as part of the petition. 3. The learned counsel for the petitioner has submitted before the Court that a representation was filed before the concerned authority namely, the Commissioner of Urban Development Authority, Hassan, on 20.04.2017 that such user of the residential house by the private respondents is contrary to the Zonal Regulations and therefore, even the Trade Licence vide Annexure-A could not have been issued in their favour. 4. The learned counsel for the petitioner has drawn the attention of the Court towards the relevant Zonal Regulations, wherein, the user of residential zone in special circumstances under clause 1(b) is permitted for Government offices, public utility buildings, cemeteries, golf clubs, banks, nursing homes, hospitals for human care under the special circumstances. 5. The learned counsel for the petitioner submitted that without passing the separate order enumerating such special circumstances for the private respondents, the respondent authorities have allowed the commercial use of the residential house by these private respondents. 6. Having heard the learned counsel for the petitioner, this Court is satisfied that the present petition is not maintainable and deserves to be dismissed. 7. Not only the user in the special circumstances is permitted under the Zonal Regulations under clause 1(b) inter alia for Hospital and Nursing Home purpose and therefore, the said activity of the private respondents cannot be said to be ex-facie illegal and on the other hand, it is also premature for the petitioner to approach this Court by way of present petition, while the objections filed by the petitioner are pending consideration before the various Respondents- Authorities. 8. Mere issuance of Trade Licence vide Annexure- A dated 12.05.2017 cannot be said to be per se illegal at this stage.
8. Mere issuance of Trade Licence vide Annexure- A dated 12.05.2017 cannot be said to be per se illegal at this stage. Even if an order is passed by the Respondents-Authority against the petitioner, who is complaining against the private Respondents 4 and 5, then the remedy available for the petitioner would be open only before the Civil Court and not in the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, as the case necessarily involve determination of questions of facts and law mixed together. 9. Therefore, with these observations, the petition is dismissed. No costs.