Bhimareddy S/O Rajreddy Maddi And Ors vs The State O F Karnataka And Ors on 16 October, 2019

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Karnataka High Court

Bhimareddy S/O Rajreddy Maddi And Ors vs The State O F Karnataka And Ors on 16 October, 2019

Bench: John Michael Cunha

                           1


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 16TH DAY OF OCTOBER, 2019

                        BEFORE

     THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

 WRIT PETITION NOS.202412-415/2016 (LB-RES)

BETWEEN:

1.     BHIMAREDDY S/O RAJREDDY MADDI
       AGE: 63 YEARS, OCC: AGRICULTURE

2.     SHANKAR REDDY S/O RAJREDDY MADDI
       AGE: 60 YEARS, OCC: AGRICULTURE

3.     BHARAT REDDY S/O BAKKA REDDY
       AGE: 36 YEARS, OCC: AGRICULTURE

4.     JAIPAL REDDY S/O BAKKA REDDY
       AGE: 36 YEARS, OCC: AGRICULTURE

       ALL RESIDENTS OF H.NO.10-2-93/A
       SANGAMESHWAR COLONY, BRAHAMPUR
       KALABURAGI - 585 102
                                       ... PETITIONERS

(BY SRI AMEET KUMAR DESHPANDE, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY THE
       PRINCIPAL SECRETARY
       DEPARTMENT OF MUNICIPAL ADMN.
       M.S. BUILDING, BANGALORE-1
                             2


2.   THE DEPUTY COMMISSIONER
     KALABURAGI - 585 102

3.   THE CITY MUNICIPAL CORPORATION
     KALABURAGI
     REPRESENTED BY ITS COMMISSIONER
     KALABURAGI - 585 102
                                  ... RESPONDENTS

(SRI K.M. GHATE, AGA FOR R1 & R2;
 SRI P.S. MALIPATIL, ADVOCATE FOR R3 - ABSENT)

     THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO ISSUE A WRIT OF MANDAMUS AND DIRECT
THE RESPONDENTS OR ANYBODY CLAIMING THROUGH OR
UNDER THEM BY RESTRAINING FROM DEMOLITION OF
ANY PORTION OF THE PROPERTY OF THE PETITIONERS
HEREIN I.E., HOUSE      NOS.10-2-93/A, 10-2-93/A1,
10-2-93/A2, SITUATED AT SANGAMESHWARA COLONY,
KALABURAGI.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                       ORDER

Heard learned counsel for petitioners and learned Additional Government Advocate for respondent Nos.1 and 2. Counsel for respondent No.3 is absent.

2. The effective relief is claimed only against respondent No.3. The claim of the petitioners is that the 3 respondents have made arrangement to demolish the compound wall surrounding the property of the petitioners without prior notice or without due process of law.

3. The assertions made in the petitions are not controverted by the respondents. The respondents being statutory authorities are not entitled to take recourse to forcible demolition impinging the property rights of the petitioners, without due process of law.

Hence, the petitions are allowed. Respondent No.3 or anybody claiming through respondent No.3 are restrained from demolishing any portion of the property of the petitioners bearing house Nos.10-2-93/A, 10-2-93/A1 and 10-2-93/A2 situate at Sangameshwara Colony, Kalaburagi, without due process of law.

Sd/-

JUDGE LG

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