Smt. Jayaratna W/O Murigeppa Nadakatti vs The Archaeological Survey Of India on 1 March, 2017

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Karnataka High Court

Smt. Jayaratna W/O Murigeppa Nadakatti vs The Archaeological Survey Of India on 1 March, 2017

Bench: L.Narayana Swamy

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          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

          DATED THIS THE 1ST MARCH, 2017

                       BEFORE

     THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

        WRIT PETITION No.103285/2016(GM-RES)

BETWEEN

1.    JAYARATNA W/O MURIGEPPA NADAKATTI
      AGE: 71 YEARS, OCC: HOUSEHOLD
      R/O: 27C, NADAKATTI BUILDING
      TAYA KRUPA, RAJATAGIRI
      DHARWAD

2.    DR. MAHATESH S/O MURIGEPPA NADAKATTI
      AGE: 48 YEARS, OCC: SERVICE,
      R/O: 27C, NADAKATTI BUILDING TAYA KRUPA,
      RAJATAGIRI DHARWAD

3.    SURESH S/O MURIGEPPA NADAKATTI
      AGE: 46 YEARS, OCC: SERVICE,
      R/O: 27C, NADAKATTI BUILDING TAYA KRUPA,
      RAJATAGIRI DHARWAD
                                      ... PETITIONERS

(By Sri. S M KALWAD, ADV.)

AND

1.    THE ARCHAEOLOGICAL SURVEY OF INDIA
      REGIONAL DIRECTOR (SOUTH) &
      COMPETENT AUTHORITY (KARNATAKA)
      K S I M C BUILDING, INDUSTRIAL ESTATE,
      WEST OF CHORD ROAD,
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     BEHIND SBI RAJAJINAGAR,
     BENGALURU

2.   THE DIRECTOR GENERAL
     ARCHAEOLOGICAL SURVEY OF
     INDIA, JANAPAT, NEW DELHI

3.   THE SUPERINTENDING ARCHAEOLOGIST
     ARCHAEOLOGICAL SURVEY OF INDIA
     BEHIND KANNADA SAHITYA BHAVAN
     NEAR R N SHETTY STADIUM,
     DHARWAD

4.   THE MEMBER SECRETARY
     NATIONAL MONUMENTS AUTHORITY
     NO.24, TILAK MARG,
     NEW DELHI-110 001
                                 ... RESPONDENTS
(By Sri. M B KANAVI, ADV.)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA, PRAYING TO
QUASH   THE   ORDERS   DATED:24.09.2015      MADE    IN
NO.AMASR/RD(S)/CA(DC)-78/2014/594 (VIDE ANNEXURE-
V) AND ALSO QUASH THE CONSEQUENTIAL ORDER
DATED:02.02.2016   MADE       IN   NO.ASI/RD(S)/CA(DC)-
78/2014/93 (VIDE ANNEXURE-X), WHICH ARE PASSED BY
THE RESPONDENT NO.1 & ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                             ORDER

The petitioners stated that they are running wood industry. They obtained permission to put up construction and it was permitted vide letter dated 26.12.2006. The petitioners could not put up construction within the period of one year and therefore they made representation, which is not considered.

2. The learned counsel for the respondents submits that construction sought to be put up is close to Fort Gate for which they have to seek permission from the competent authority under Ancient Monuments & Archaeological Sites and Remains Act, 1958 as per the amendment. Therefore, the case of the petitioners is to be considered afresh.

3. Accordingly, the writ petition is disposed of directing the respondents to consider the request of the petitioners afresh under the new Act reserving liberty to the petitioners to make representation under the new 4 Act. Such a consideration shall be considered and disposed of within three months from the date of receipt of the representation.

Sd/-

JUDGE akd*

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