Karnataka High Court
M/S Gps Builders vs The State Of Karnataka on 30 August, 2023
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NC: 2023:KHC-D:9760
WP No. 103107 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103107 OF 2015 (LB-RES)
BETWEEN:
1. M/S. GPS BUILDERS,
PARTNERSHIP FIRM,
REPRESENTED BY ITS PARTNERS:
2. SHRI R. SIDDAGANGAPPA S/O. M. RAJASHEKARAIAH,
AGE: 52 YEARS, OCC: FIRST CLASS CONTRACTOR,
3. SHRI P. GOVARDHAN KUMAR
S/O. P. RAMAMOHAN RAO,
AGE: 53 YEARS, OCC: FIRST CLASS CONTRACTOR,
4. SHRI SANJAY S/O. MARUTI PATIL,
AGE: 41 YEARS, OCC: BUSINESS,
ALL R/O. NO. 555, SECTOR NO.III,
SHIVABASAVANAGAR, BELAGAVI.
...PETITIONERS
(BY SRI F.V. PATIL & PRUTHVI K.S., ADVOCATE)
Digitally signed
by
MOHANKUMAR
AND:
B SHELAR
MOHANKUMAR
B SHELAR Location:
DHARWAD
Date:
2023.09.02
13:44:46 -0700
1. THE STATE OF KARNATAKA,
REPRESENTED BY IT'S SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA, DR. AMBEDKAR BEEDI,
BENGALURU.
2. BELAGAVI URBAN DEVELOPMENT AUTHORITY,
REPRESENTED BY IT'S COMMISSIONER,
ASHOK NAGAR, BELAGAVI.
...RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR R1, SRI M.A. HULYAL, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT, IN THE
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NC: 2023:KHC-D:9760
WP No. 103107 of 2015
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED
ENDORSEMENT DATED 13.10.2014 ISSUED BY THE RESPONDENT
NO.1 VIDE ANNEXURE-J; ISSUE AN APPROPRIATE DIRECTION BY
DIRECTING THE RESPONDENTS TO ISSUE AN ORDER FOR CHANGE
OF LAND USE FROM PUBLIC AND SEMI PUBLIC USE TO COMMERCIAL
USE IN RESPECT OF THE LANDS BEARING CTS NO.4823/A17,
4823/A18 AND 4828/A1/D, SITUATED AT OLD P.B.ROAD, BY
CONSIDERING THE CASE OF THE PETITIONER UNDER SECTION
69(2) OF THE 1961 ACT WITHOUT REFERENCE TO MASTER PLAN
(REVISED-2) OF BELAGAVI 2014, IN TERMS OF THE ORDER PASSED
BY THIS HON'BLE COURT IN W.P.NO.108617/2014 C/W.
W.P.NO.108481/2014 (GM-RES) DATED 03.12.2014 VIDE
ANNEXURE-K.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners on instruction submits that captioned writ petition has become infructuous. It is also brought to the notice of this court that respondents have passed an order for change of land.
The said statement is taken on record. Accordingly, the writ petition is dismissed as having become infructuous.
Sd/-
JUDGE MBS List No.: 1 Sl No.: 61