Karnataka High Court
Prashanthanagar Tharuna Sangha vs State Of Karnataka on 4 July, 2019
Bench: Chief Justice, H.T. Narendra Prasad
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2019
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION NO.11927 OF 2010 (LB-RES-PIL)
BETWEEN:
1. PRASHANTHANAGAR THARUNA SANGHA
#197, 198, PRASHANTHANAGAR
BEHIND MURDESHWARA FACTORY, OLD HUBLI
HUBLI-24, REPTD. ITS PRESIDENT
SURESH CHANNABASAPPA KADEMANI
2. PRASHANTHANAGAR THARUNA SANGHA
#197, 198 PRASHANTHANAGAR
BEHIND MURDESHWARA FACTORY
OLD HUBLI, REPTD. ITS SECRETARY
SUNIL JAWAHAR HANAMSAGAR
3. JAWAHAR
S/O.GYANUSA HANAMSAGAR
AGED ABOUT 47 YEARS
R/O.NO.32, PRASHANTHANAGAR,
BEHIND MURDESHWARA FACTORY
OLD HUBLI, HUBLI-24
4. PRAKASH
S/O.ANNAPPA JAWLE
AGED ABOUT 37 YEARS
R/O.NO.114, PRASHANTHANAGAR,
BEHIND MURDESHWARA FACTORY
OLD HUBLI, HUBLI-24
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5. PRAVEEN
S/O.KRISHNAJI JADHAV
AGED ABOUT 36 YEARS
R/O.NO.170, PRASHANTHANAGAR,
BEHIND MURDESHWARA FACTORY
OLD HUBLI, HUBLI-24
6. YJUNATH
S/O.BASANNA PAWLE
AGED ABOUT 42 YEARS
R/O.NO.169, PRASHANTHANAGAR,
BEHIND MURDESHWARA FACTORY
OLD HUBLI, HUBLI-24
7. GANAPATHI
S/O.CHANDRA BHOSLE
AGED ABOUT 54 YEARS
R/O.NO.183, PRASHANTHANAGAR,
BEHIND MURDESHWARA FACTORY
OLD HUBLI, HUBLI-24
... PETITIONERS
(BY SHRI CHANDRASHEKHAR, ADV.)
AND
1. STATE OF KARNATAKA
REPTD. ITS PRL. SECRETARY
DEPARTMENT OF COOPERATION
M.S.BUILDING,
BANGALORE
2. THE PRL. SECRETARY
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT,
VIKASASOUDHA
BANGALORE
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3. THE DIRECTOR
TOWN AND COUNTRY PLANNING
M.S.BUILDING
BANGALORE
4. THE HUBLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY
NAVANAGAR, HUBLI-32
BY ITS COMMISSIONER
5. THE HUBLI-DHARWAD MAHANAGARA PALIKE
SIDDAPPA KAMBLI ROAD,
HUBLI-21,
BY ITS COMMISSIONER
6. THE DEPUTY COMMISSIONER
DHARWAD DISTRICT
DHARWAD
7. THE TAHASILDAR
HUBLI
8. THE ASST. DIRECTOR
LAND RECORDS
TOWN PLANNING
MINI VIDHANASOUDHA
HUBLI
DHARWAD DISTRICT
9. THE DEPUTY REGISTRAR
OF CO OPERATIVE SOCIETIES
PATHRAVALI BUILDING,
7TH CROSS, MALAMADDI,
DHARWAD
10. JAYANAGAR SAHAKARI GRUHA
NIRMANA SANGHA NIYAMITA
JAYANAGAR, HEGGERI BADAWANE
OLD HUBLI, HUBLI-24
REPTD. BY ITS SECRETARY
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11. MOHAMMED SULEMAN
S/O.MAHABOOBSAB NEELGUND
AGE: MAJOR, DIRECTOR
JAYANAGAR SAHAKARI GRUHA NIRMANA
SANGHA NIYAMITA,
AND PROPRIETOR OF NEELGUND DEVELOPERS,
R/O.16, BANASHANKARI
BADAWANE, VIDYANAGAR,
HUBLI.
12. SUNIL
S/O.RAMACHANDRA PAWAR
AGE: MAJOR
R/O.C/O.PAWAR MEDICALS
NEAR SYNDICATE BANK
SILVER TOWN, GOKUL ROAD
HUBLI
13. NARAYAN
S/O.RAMACHANDRA PAWAR
AGE: MAJOR
R/O.C/O.PAWAR MEDICALS
NEAR SYNDICATE BANK
SILVER TOWN, GOKUL ROAD
HUBLI
14. CHANNAMALLAPPA
S/O.BASAPPA UGARGOAL
AGE MAJOR, FIRST DIVISION SURVEYOR
CITY SURVEY OFFICE
MINI VIDHANASOUDHA
HUBLI
15. GIRIJA
D/O.BASAPPA UGARGOAL
AGE MAJOR,
R/O.BEHIND NEW BUSSTAND,
DOLLARS COLONY, GOKUL ROAD
HUBLI
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16. SHARADA
W/O.CHANNAPPA UGARGOAL
AGE MAJOR,
R/O.BEHIND NEW BUSSTAND,
DOLLARS COLONY, GOKUL ROAD
HUBLI
17. SRIPAD
S/O.KRISHNARAO KULKARNI
AGE MAJOR,
R/O.SOMESHWARANAGAR,
SHIRAHATTI,
TALUK: LAKSHMISHWARA
DISTRICT: GADAG
18. ABDUL RASHEED
S/O.ABDUL KHADAR SHINGOTI
AGE: MAJOR,
R/O.NEAR MASJID
OPP. ANAND BOOKSTAL
STATION ROAD, CBT,
HUBLI
19. MEHARUNNISA
W/O.HAJARESAB GHATIWALE
AGE MAJOR,
R/O.ASAR HONI, INDI PUMP
OLD HUBLI,
HUBLI-24
20. JANULLA ABEDEN
S/O.ABDUL SAHEB YADWAD
AGE: MAJOR
R/O.P.B. ROAD
COWLPETH
HUBLI
21. AAISHABEGAM
W/O.JAINULLA ABEDEEN YADWAD
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AGE: MAJOR,
R/O.P.B. ROAD,
COWLPETH
HUBLI
22. DILIP
S/O.ARVIND KEMBAVI
AGE: MAJOR
R/O.74D, PRASHANTHNAGAR
BEHIND MCL, OLD HUBLI
HUBLI-24
23. LAKSHMIBAI
W/O.PARASHURAM WALVEKAR
AGE MAJOR
R/O.577/C/3, SUNDAR NAGAR
AKSHAY COLONY
HUBLI
24. RAHAVENDRA
S/O.HANAMANTSA SHIDLING
AGE: MAJOR
R/O.NO.173, RAVINAGAR
GOKUL ROAD
HUBLI
25. ABDUL KHADAR
S/O.SHABUDDINSAB YARGATTI
AGE: MAJOR
R/O.AZAD COLONY
KESHWAPURA
HUBLI
26. SAVITA
W/O.SURESH KIRESUR
AGE: MAJOR
R/O.RENUKA NILAYA
MAYUR LAYOUT
KESHWAPUR
HUBLI
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27. ANILKUMAR
S/O.LAKSHMANSA BADDI
AGE MAJOR
R/O.C/O.ASHOK I PAWAR
NO.77B, PRASHANTHNAGAR
BEHIND M.C.L.
HUBLI
28. ASHOK
S/O.IRANSA PAWAR
AGE MAJOR
R/O.NO.77B
PRASHANTHNAGAR
BEHIND M.C.L.
HUBLI
29. ASHOK
S/O.VIJAYAKUMAR KELUR
AGE MAJOR
JAYANAGAR
HEGGERI
OLD HUBLI
HUBLI
(R15 IS DELETED VIDE COURT ORDER DATED
20.06.2018)
... RESPONDENTS
(BY SHRI D.NAGARAJ, AGA FOR R1-3, 6 TO 9,
SMT NALINI VENKATESH, ADV. FOR R4,
SHRI H.N.SHASHIDHARA, ADV. FOR R5,
SHRI N.S.PRASAD, ADV. FOR R10,
SHRI K.R.SRINIVASAN, ADV. FOR R11,
SHRI V.VISWANATH, ADV. FOR R18,
SHRI R.K.DESAI, ADV. FOR R12, R13, 17, 19, 20, 21, 23-
25, 28 AND R29
SHRI SANTOSHRAJ C.DESHAMUKH FOR
SHRI V.M.SHEELAVANT, ADV. FOR R10, 13, 15, 17, 20-
24 & 26-27)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
CALL FOR RECORDS FROM THE R2 TO 10 AND QUASH
THE ORDER/LETTER DTD 18.10.07 VIDE ANNEX-J, J1 AND
MODIFIED PLAN DTD 18.10.07 VIDE ANNEX-J2 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:
ORDER
The learned Additional Government Advocate has placed on record the letter dated 20th June 2019 addressed by the Principal Secretary to the Government, Urban Development Department to the Commissioner of Hubli-Dharwad Urban Development Department.
2. In the said letter, the State Government has stated that a decision has been taken to cancel the order dated 18th October 2007 which is the subject matter of challenge in this writ petition. The development authority is also informed that a decision has been taken to take disciplinary action against the concerned members of the staff/officer who acted contrary to the law. The letter also records that the modified plan dated 18th October 2007 -9- has also been cancelled. The letter calls upon the development authority to submit a proposal to the State Government for initiating disciplinary action against the members of the staff, who have taken action against the law.
3. Based on the said direction, even the development authority has passed an order dated 3rd July 2019 canceling the revised layout, Even a copy of the said order is placed on record by the learned Additional Government Advocate.
4. In view of the cancellation of the order dated 18th October 2007 and the revised layout, substantive prayer made in this writ petition has worked itself out.
5. The learned counsel appearing for the petitioners made a grievance that the consequential action of taking the possession will have to be initiated.
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6. It is obvious that the action which is consequential to the cancellation of the revised layout will have to be taken by the State Government and the concerned authority in accordance with law. There is already a direction issued by the state Government to take action against the staff/officers.
7. Therefore, subject to what is observed above, as of today, it is not necessary to entertain the petition and issue a writ of mandamus.
8. Subject to what is observed above and directed above, the writ petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE