Karnataka High Court
Sri. S. Sunil Kumar vs State Of Karnataka on 15 February, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:6622
WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 3512 OF 2024 (LB-RES)
C/W
WRIT PETITION NO. 26483 OF 2023 (LB-RES),
WRIT PETITION NO. 3535 OF 2024 (LB-RES),
WRIT PETITION NO. 3581 OF 2024 (LB-RES),
WRIT PETITION NO. 3592 OF 2024 (LB-RES),
WRIT PETITION NO. 3676 OF 2024 (LB-RES)
IN WP NO. 3512/2024
BETWEEN:
1. SRI. S. SUNIL KUMAR,
AGED ABOUT 28 YEARS,
S/O SHIVANNA,
Digitally signed
by V KRISHNA R/O. GIDDAMMA COMPOUND,
Location: High 2ND CROSS, SHESHADRIPURAM,
Court of SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 202.
Karnataka
2. SMT. ANITHA BAI,
AGED ABOUT 43 YEARS,
W/O. CHANDRU @ CHANDRANAIKA,
R/O. 7TH CROSS, SHARAVATHINAGAR,
SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 201.
3. SRI. N. THIMMAPPA,
AGED ABOUT 71 YEARS,
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NC: 2024:KHC:6622
WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
S/O. NARAYANA SARVEGAR,
R/O. NO. 125, "MATHRUCHAYA",
10TH CROSS, NEAR BHARATIYA SABA BHAVANA,
RML NAGARA, GOPALA EXTENSION,
SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 205.
...PETITIONERS
(BY SRI. S.V. PRAKASH, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA, BENGALURU - 560 001,
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY,
SHIVAMOGGA - 577 201,
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER/COMMUNICATION DATED 29.10.2021
SERVED ON THE P-1 BY THE R-2 IN
NO. SHI.NA.PRA/NI.SHA.- 2/ NI.NUM. A-274 / 2011-12 / 2138
PRODUCED AS PER ANNEXURE-G TO THE WRIT PETITION AND
ETC.,
IN WP NO. 26483/2023
BETWEEN:
SRI. KUMARASWAMY P.R.,
S/O LATE. RAMACHANDRA ITHAL,
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WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
AGED ABOUT 58 YEARS,
R/AT NAYANA HOSPITAL,
T.K. ROAD, BHADRAVATHI - 577 301.
...PETITIONER
(BY SRI. K. SHIVASHANKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF MUNICIPAL ADMINISTRATION
AND LOCAL BODIES, VIKASA SOUDHA,
BENGALURU - 560 001,
REPRESENTED BY ITS SECRETARY.
2. THE SHIVAMOGGA -BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY,
SHIVAMOGGA - 577 201,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
OF THE R2 DATED 16.09.2021 PASSED IN
NO.SHI.NA.PRA/NI.SHA-2/NI.NO.C/146/2011-12/1231, VIDE
ANNEXURE-C.
IN WP NO. 3535/2024
BETWEEN:
1. SRI. G. MANJUNATH,
S/O GIRIYAPPA,
AGED ABOUT 56 YEARS,
R/O NO.171, 'E' BLOCK,
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WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
ASHRAYA BADAVANE,
BHOMMANAKATTE, SHIVAMOGGA,
SHIVAMOGGA DISTRICT - 577 205.
2. SRI. JOHN BASKAR,
S/O ANTHONY M.,
AGED ABOUT 55 YEARS,
R/O 1ST CROSS, THILAK NAGAR
SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 201.
3. SMT. PARVATHAMMA,
W/O LATE RANGANATH R.,
AGED ABOUT 77 YEARS,
NO.35, 6TH CROSS,
CHANNEL LEFT SIDE,
HOSAMANE, SHIVAMOGGA,
SHIVAMOGGA DISTRICT - 577 204.
...PETITIONERS
(BY SRI. RAJENDRA S., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA, BENGALURU - 560 001,
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA-BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY,
(SHIVAMOGGA-URBAN DEVELOPMENT AUTHORITY)
SHIVAMOGGA - 577 201,
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R2)
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NC: 2024:KHC:6622
WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/COMMUNICATION DATED 02.11.2021 SERVED ON THE
P-1 BY THE R-2 IN NO. SHI.NA.PRA/NI.SHA.-2/NI.NUM.A-
257/2011-12/2265 PRODUCED AS PER ANNEXURE-C TO THE
WRIT PETITON AND ETC.,
IN WP NO. 3581/2024
BETWEEN:
SHRI. ABDUL MUNAF D.M.,
S/O D.R. ABDUL MAZEED,
AGED ABOUT 55 YEARS,
R/AT RML NAGARA, 1ST STAGE,
18TH CROSS, SHIVAMOGGA - 577 205.
...PETITIONER
(BY SRI. PRAKASHA H.C., ADVOCATE)
AND:
SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY,
VINOBA NAGARA, SHIVAMOGGA - 577 201,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER ANNEXURE-A, BEARING NO.
SHI.NA.PRA./NI.SHA.-2/NI.NO.A-279/2011-12/1347, DATED
01.10.2021 ISSUED BY RESPONDENT/AUTHORITY AND ETC.,
IN WP NO. 3592/2024
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NC: 2024:KHC:6622
WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
BETWEEN:
SHRI. N.D. YUVARAJ,
S/O DHARMANNAGOWDA,
AGED ABOUT 61 YEARS,
C/O SHIVANNAGOWDA,
LIG-90, INDIRA NILAYA,
B-BLOCK, K.H.B. BLOCK,
KALLAHALLI, VINOBANAGARA,
SHIVAMOGGA - 577 204.
PRESENTLY AT MIG-6-MSB, 2ND MAIN,
2ND CROSS, CHALUKYA NAGARA,
KHB COLONY, SHIVAMOGGA - 577 205.
...PETITIONER
(BY SRI. PRAKASHA H.C., ADVOCATE)
AND:
SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY,
VINOBA NAGARA, SHIVAMOGGA - 577 201,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION TO
THE RESPONDENT AND QUASH THE IMPUGNED ORDER
ANNEXURE-A BEARING NO. SHI.NA.PRA./NI.SHA.-2/NI.NO.C-
247/2011-12/1884, DATED 27-10-2021, ISSUED BY
RESPONDENT AUTHORITY AND ETC.,
IN WP NO. 3676/2024
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NC: 2024:KHC:6622
WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
BETWEEN:
1. SRI. SRINIVASA M.Y.,
AGED ABOUT 52 YEARS,
S/O YALLAPPA O. N.,
R/O MALLESHWARA NILAYA,
8TH CROSS, 'A' BLOCK,
NEAR ADICHUNCHANAGIRI SCHOOL,
SHARAVATHI NAGAR,
SHIVAMOGGA - 577 204.
2. SMT. SURAKSHA KATTE,
AGED ABOUT 34 YEARS,
W/O KIRAN N.P.,
D/O GURUMURTHY K. S.,
R/O "JAYASUNDARA",
1ST CROSS, APMC GATE,
60 FEET ROAD, VINOBHANAGAR,
SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 204.
3. SMT. SHARADAMMA,
AGED ABOUT 49 YEARS,
W/O KUMARAPPA,
R/O NO.110, 'E' BLOCK,
ASHRAYA BADAVANE LAST STOP,
BOMMANAKATTE, VINOBANAGAR,
SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 204.
...PETITIONERS
(BY SRI. RAJENDRA S., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
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WP No. 3512 of 2024
C/W WP No. 26483 of 2023
WP No. 3535 of 2024
WP No. 3581 of 2024
WP No. 3592 of 2024
WP No. 3676 of 2024
VIKASA SOUDHA,
BENGALURU-560 001,
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY,
(SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY)
SHIVAMOGGA-577 201,
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER/COMMUNICATION DATED 22.10.2021 SERVED ON THE
P-1 BY THE R-2 IN NO. SHI.NA.PRA/NI.SHA.-2/NI.NUM.C-
397/2011-12/1860 PRODUCED AS PER ANNEXURE-B TO THE
WRIT PETITION AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In all these matters, petitioners have called in question the correctness of identical orders, whereby communication has been served which is in the nature of an order cancelling the allotment made to the site holders -9- NC: 2024:KHC:6622 WP No. 3512 of 2024 C/W WP No. 26483 of 2023 WP No. 3535 of 2024 WP No. 3581 of 2024 WP No. 3592 of 2024 WP No. 3676 of 2024 on the ground that allotment was made is contrary to the Allotment Rules and the Karnataka Urban Development Authority Act which aspect was also noticed in the report of the Lokayuktha.
2. It is submitted that the Government has also resolved taking note of the report of the Lokayuktha to issue direction to the authority to cancel the allotment of sites in light of the illegalities noticed.
3. It is pointed out that in an identical factual matrix raising identical legal issue regarding the validity of cancellation was considered and this Court in W.P.No.28010/2023 has disposed off the matter along with certain directions and on the principle of parity, as the petitioners stand in the identical situation, these matters may also be disposed off setting aside the cancellation and to pass directions as made in W.P.No.28010/2023.
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4. Sri. A. V. Gangadharappa, learned counsel appearing for the respondent - Shivamogga Urban Development Authority submits that the matter could be disposed off with the same directions as made in W.P.No.28010/2023.
5. The direction passed in W.P.No.28010/2023 in the operative portion of the order reads as follows:
i. "The writ petition is partly allowed. ii. The impugned order of cancellation of allotment of site passed by respondent No.2-Shivamogga- Bhadravathi Urban Development Authority is quashed and set aside. The matter is remitted to respondent for reconsideration. iii. Respondent No.2 shall issue show cause notice to the petitioner indicating the grounds for proposed cancellation of the allotment of sites within a period of 90 days from today.
iv. If no notice is issued, respondent No.2 shall not have any right to issue further notice. If a notice is issued, the petitioners shall reply to the same within a period of 30 days from the date of receipt of the said notice.
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NC: 2024:KHC:6622 WP No. 3512 of 2024 C/W WP No. 26483 of 2023 WP No. 3535 of 2024 WP No. 3581 of 2024 WP No. 3592 of 2024 WP No. 3676 of 2024 v. The respondent No.2 shall consider the reply submitted by the petitioners without being influenced by finding of the Hon'ble Lokayuktha or the State Government and pass a independent reasoned order within a period of 60 days of the receipt of reply from the petitioners. vi. Learned counsel for petitioners shall forward a copy of the above order to the respondents through Registered Post Acknowledgement Due and the date of service shall be taken into account for computation of the above period."
6. Accordingly, the orders of cancellation at Annexures-G to G2 in W.P.No.3512/2024, Annexure-C in W.P.No.26483/2023, Annexures-C to C2 in W.P.No.3535/2024, Annexure-A in W.P.No.3581/2024, Annexure-A in W.P.No.3592/2024, Annexures-B to B2 in W.P.No.3676/2024 are set aside and matters are disposed off in terms of the observation made in W.P.No.28010/2023 as extracted above. All contentions are kept open.
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7. Learned counsel appearing for the Urban Development Authority submits that the Court ought to take note of the practical difficulties of the development authority resulting in delay in initiating the process of allotment of sites, as the site holders have been approaching this Court after an unreasonable delay.
8. The said submission requires consideration as it is observed that cancellation has been made in the year 2020-21. If that were to be so that even as on date in the year 2024, cancellations are still sought to be set aside by the petitions being filed. Obviously as rightly contended by the authority, until the adjudication regarding cancellation has reached finality, the question of making allotments would not arise.
9. Accordingly, apart from having considered relief that has been extended to the individual petitioners in order to ensure that there is no unnecessary docket explosion and mechanical writs being filed with identical
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10. It is also to be taken note of that insofar as such of the allottees who do not take action within a period of three years from the date of issuance of original cancellation notices or within 3 months of the date of the notice in the newspaper whichever is later by approaching the authority to whom direction has been issued to pass an office order to treat the cancellation orders as show
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11. Accordingly, the petitions are disposed off.
12. Copy of the order to be marked to the Principal Secretary, Urban Development Department for necessary perusal as also the Commissioner, Shivamogga- Bhadravathi Urban Development Authority for perusal and further action to be taken in light of the observations made above. In light of the implication of this order on those who are not before this Court, the order passed may be given due publicity as may be appropriate by respondent No.2.
Sd/-
JUDGE MCR