Ramananda Karanth vs The State Of Karnataka on 31 October, 2015

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Karnataka High Court

Ramananda Karanth vs The State Of Karnataka on 31 October, 2015

Author: Subhro Kamal Mukherjee

Bench: Subhro Kamal Mukherjee

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 31ST DAY OF OCTOBER, 2015

                  :PRESENT:

  THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
            ACTING CHIEF JUSTICE

                     AND

  THE HON'BLE MRS. JUSTICE B.V NAGARATHNA

     WRIT PETITION No.43231/2015 (GM-RES)


BETWEEN:

1.RAMANANDA KARANTH
S/O LATE LAXMINARAYAN KARANTH,
AGED ABOUT 68 YEARS,
"LAXMINARAYANA KRUPA",
WARD NO.7, NITTUR WARD,
UDUPI-576 103.

2.GURUPRASAD KARANTH N
S/O RAGHURAM KARANTH N,
AGED 44 YEARS,
"LAXMINARAYANA KRUPA",
WARD NO.7, NITTUR WARD,
UDUPI-576 103.

3.SHIVAPRASAD BHANDARI
S/O SARVOTHAM BHANDARI,
AGED 38 YEARS,
R/O NO.769, NITTUR WARD,
UDUPI-576 103.
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4.PRAKASH KANVI S/O KANVI,
AGED 53 YEARS, "UJJAINI" NILAYA,
NITTUR WARD, UDUPI-576 103.

5.N.R. PADMANABHA
S/O U.P.RAMACHARYA,
AGED 34 YEARS,
R/O NO.728, A.P.NAGAR,
KODANKUR-NITTUR,
UDUPI-576 103.

6.NAVEEN KUMAR
AGED 46 YEARS,
S/O MADAVA,
R/O NO.723, MADAVA,
A.P.NAGAR,
KODANKUR NITTUR,
UDUPI-576 103.                     ... PETITIONERS

(By Sri.: AMRUTHESH N P)

AND:

1.THE STATE OF KARNATAKA
REP. BY CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560 001.

2.THE PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI,
BENGALURU-560 001.
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3.THE DEPUTY COMMISSIONER
UDUPI DISTRICT,
RAJATHADRI, MANIPAL,
UDUPI-576 104.

4.MUNICIPAL COMMISSIONER
UDUPI TOWN MUNICIPAL COMMITTEE,
UDUPI-576 104.           ... RESPONDENTS

(BY GA SD)

                           -0-0-0-0-


     THIS    W.P.   IS   FILED UNDER      ARTS.226 &
227 OF THE CONSTITUTION OF INDIAPRAYING TO
DIRECT THE R-3 TO TAKE ACTION            ON       THE
REPRESENTATIONS            GIVEN        BY        THE
PETITIONERS ON 24.07.2014 AND 06.08.2014 VIDE
ANNEXURE-E & F TO THE R-3 ETC.


     This Writ petition coming on for preliminary
hearing this day, Acting Chief Justice,       made the
following:

                      : ORDER :

The writ petition is filed in the nature of public interest, in substance, for removal of certain alleged 4 unauthorized temporary constructions in the Udupi town.

2. In the course of submission, Mr. Amruthesh. N.P., learned advocate appearing for the petitioners submits that the occupants of such alleged unauthorized temporary constructions are migrated labourers from different States, who are engaged for the purpose of construction of multistoried building in the town. It is, also, stated that constructions have come up in the back side of the houses of some of the residents causing serious nuisance to them.

3. Virtually, by moving this application, a direction in the nature of writ of mandamus is asked for eviction of those persons. In their absence and without giving them an opportunity of hearing, we cannot pass any order in the writ petition in the nature of recovery of possession.

4. The writ petition is, therefore, summarily dismissed.

5. We make no order as to costs.

SD/-

ACTING CHIEF JUSTICE SD/-

JUDGE *alb/-

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