Gulam Dastgeer S/O Peersab vs The State Of Karnataka on 17 April, 2013

[Cites 2, Cited by 2]

Karnataka High Court

Gulam Dastgeer S/O Peersab vs The State Of Karnataka on 17 April, 2013

Bench: K.Sreedhar Rao

                            1

        IN THE HIGH COURT OF KARNATAKA
           CIRCUIT BENCH AT GULBARGA

      DATED THIS THE 17TH DAY OF APRIL 2013

                      BEFORE

     THE HON'BLE MR.JUSTICE K.SREEDHAR RAO

 WRIT PETITION NOs.83445-83449/2009 (GM-RES)

BETWEEN:

1.    GULAM DASTGEER S/O PEERSAB
      AGE: 72 YEARS, OCC: BUSINESS
      R/O SHAPUR STREET
      BASAWAKALYAN, DIST. BIDAR

2.    GOVIND S/O KASHAPPA PANCHAL
      AGE: 48 YEARS, OCC: BUSINESS
      R/O VILLAGE NARAYANPUR
      BASAWAKALYAN, DIST. BIDAR

3.    KASHINATH S/O KANTEPPA HOKODE
      AGE: 60 YEARS, OCC: BUSINESS
      R/O MUCHULAM
      BASAWAKALYAN, DIST. BIDAR

4.    SMT. EKTA W/O MALLAREDDY V. BOLE
      AGE: 33 YEARS, OCC: HOSUE WIFE
      C/O MACHINDRA V. GOLE
      H.NO.232 SARVODAYA COLONY
      BASAWAKALYAN, DIST. BIDAR

5.    NINGAPPA S/O KALLAPPA
      AGE: 48 YEARS, OCC: BUSINESS
      R/O NEAR BASAWESHWAR TEMPLE
      BASAWAKALYAN, DIST. BIDAR
                                         ...PETITIONERS

(BY SRI B.V. JALDE, ADVOCATE)
                             2

AND:

1.     THE STATE OF KARNATAKA
       VIDHAN SOUDHA
       REP. BY ITS SECRETARY
       BANGALORE

2.     THE DEPUTY COMMISSIONER
       BIDAR

3.     THE TOWN MUNICIPAL COUNCIL
       BASAWAKALYAN, DIST. BIDAR

4.     ASSISTANT COMMISSIONER
       BASAWAKALYAN, DIST. BIDAR
                                          ...RESPONDENTS

(BY SRI SHARANABASAPPA K. BABSHETTY, HCGP)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT MASS DEMOLITION OF PROPERTIES BY THE
RESPONDENT STATE ADMINISTRATION WITHOUT FOLLWING
THE RULE OF LAW HAS RESULTED IN FAILURE OF
CONSTITUTIONAL MACHINERY IN THE STATE WITH A
CONSEQUENTIAL DIRECTION TO RESTORE THE RULE OF LAW
AS PROVIDE UNDER THE CONSTITUTION AND ETC.

      THESE PETITIONS COMING ON FOR FINAL HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

The properties of the petitioners are sought to be demolished for road widening on the ground that they are the encroachment on the road portion. The petitioners contend that there is no encroachment. 3

2. It is the contention of the petitioners that demolition is being made without notice to them and without giving an opportunity of hearing.

3. In view of the submissions made, it becomes evident that there is a dispute with regard to the fact that there is any encroachment or not. In this regard, respondent No.3 is directed to issue notice to the petitioners and after hearing them, pass appropriate orders in accordance with law.

Accordingly, writ petitions are disposed of.

Sd/-

JUDGE LG

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