Karnataka High Court
K. Venkatesh vs State Of Karnataka on 2 December, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2024:KHC:49324
WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 28587 OF 2024 (LB-RES)
C/W
WRIT PETITION NO. 28586 OF 2024 (LB-RES)
WRIT PETITION NO. 28591 OF 2024 (LB-RES)
WRIT PETITION NO. 28595 OF 2024 (LB-RES)
WRIT PETITION NO. 28597 OF 2024 (LB-RES)
WRIT PETITION NO. 28598 OF 2024 (LB-RES)
WRIT PETITION NO. 29085 OF 2024 (LB-RES)
WRIT PETITION NO. 29127 OF 2024 (LB-RES)
WRIT PETITION NO. 29138 OF 2024 (LB-RES)
WRIT PETITION NO. 29931 OF 2024 (LB-RES)
Digitally
signed by
VANAMALA
N
Location: IN WP No. 28587/2024
HIGH
COURT OF
KARNATAKA BETWEEN:
1. SRI. JAGANNATH H V
S/O. VISHWANATH SETTY M. S.
AGED ABOUT 65 YEARS,
2. SMT. SHOBHANAGARAJA
W/O. NAGARAJA. V,
AGED ABOUT 55 YEARS,
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
3. SRI. RADHAKRISHNA M. V.
S/O. VISHWANATH SETTY M. S.,
AGED ABOUT 59 YEARS,
ALL ARE R/AT KALPATHARU NILAYA,
MYSURU STREET,
HIRIYUR-577 598.
...PETITIONERS
(BY SRI. SWAROOP S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY, PUBLIC
WORKS DEPARTMENT, M.S. BUILDING, AMBEDKAR
ROAD, BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E), K.R.
CIRCLE, BENGALURU-560 001.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, CHITRADURGA
DISTRICT-577 598.
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT-577 598.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT-577598,
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
(BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS OR
THEIR AGENTS / OFFICERS TO RESTRAIN FROM
INTERFERING WITH THE POSSESSION OF THE
PETITIONER OVER THE SCHEDULE-A AND B
PROPERTY OR DEMOLISH THE SAME AND ITS
ANCILLARIES SUCH AS DRAINAGE, FOOTPATHS
ETC., OTHERWISE THAN IN ACCORDANCE WITH
LAW.
IN WP NO. 28586/2024
BETWEEN:
SRI. RAJASHEKHAR M R
S/O. RAMALINGA SETTY,
AGED ABOUT 68 YEARS,
R/AT HULIYAR ROAD, 8TH WARD,
KUVEMPUNAGARA, HIRIYUR-577 598.
...PETITIONER
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
(BY SRI. SWAROOP S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY, PUBLIC
WORKS DEPARTMENT,
M.S. BUILDING, AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT
(C AND E), K.R. CIRCLE,
BENGALURU-560 001.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
CHITRADURGA DISTRICT-577 598.
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT-577 598.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT-577598,
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
(BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS OR THEIR AGENTS /
OFFICERS TO RESTRAIN FROM INTERFERING WITH
THE POSSESSION OF THE PETITIONER OVER THE
SCHEDULE PROPERTY OR DEMOLISH THE SAME
AND ITS ANCILLARIES SUCH AS DRAINAGE,
FOOTPATHS ETC., OTHERWISE THAN IN
ACCORDANCE WITH LAW.
IN WP NO. 28591/2024
BETWEEN:
SRI. RADHAKRISHNA A S
S/O. LATE SRI. SHANKARANARAYANA A.S.,
AGED ABOUT 69 YEARS,
R/AT SHANKARA NILAYA,
BEHIND PUSHPANJALI TALKIES,
KUVEMPUNAGARA,
HIRIYUR-577 598.
..PETITIONER
(BY SRI. SWAROOP S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY, PUBLIC
WORKS DEPARTMENT, M.S. BUILDING, AMBEDKAR
ROAD, BENGALURU-560 001.
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E),
K.R. CIRCLE, BENGALURU.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
CHITRADURGA DISTRICT.
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTUION OF INDIA PRAYING
TO DIRECT THE RESPONDENTS OR THEIR AGENTS
/ OFFICERS TO RESTRAIN FROM INTERFERING
WITH THE POSSESSION OF THE PETITIONER OVER
THE SCHEDULE PROPERTY OR DEMOLISH THE
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
SAME AND ITS ANCILLARIES SUCH AS DRAINAGE,
FOOTPATHS ETC., OTHERWISE THAN IN
ACCORDANCE WITH LAW.
IN WP NO. 28595/2024
BETWEEN:
SRI. VISHWESHWARA A.S.
S/O. LATE SRI. SHANKARANARAYANA. A. S.,
AGED ABOUT 62 YEARS,
R/AT SRI SKANDA,
HULIYAR ROAD, KUVEMPUNAGARA,
HIRIYUR-577 598.
...PETITIONER
(BY SRI. SWAROOP S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT,
M.S. BUILDING,
AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E),
K.R. CIRCLE,
BENGALURU.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
CHITRADURGA DISTRICT.
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT,
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560 001.
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS OR THEIR AGENTS /
OFFICERS TO RESTRAIN FROM INTERFERING WITH
THE POSSESSION OF THE PETITIONER OVER THE
SCHEDULE PROPERTY OR DEMOLISH THE SAME
AND ITS ANCILLARIES SUCH AS DRAINAGE,
FOOTPATHS ETC., OTHERWISE THAN IN
ACCORDANCE WITH LAW.
-9-
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
IN WP NO. 28597/2024
BETWEEN:
SRI. PURUSHOTTAMA A.S.
S/O. LATE SRI. SHANKARANARAYANA A.S.,
AGED ABOUT 66 YEARS,
R/AT BEHIND PUSHPANJALI TALKIES,
KUVEMPUNAGARA,
HIRIYUR-577 598.
...PETITIONER
(BY SRI. SWAROOP S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT,
M.S. BUILDING,
AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E), K.R.
CIRCLE, BENGALURU.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
CHITRADURGA DISTRICT.
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT, REPRESENTED
BY ITS CHIEF OFFICER.
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS OR THEIR AGENTS /
OFFICERS TO RESTRAIN FROM INTERFERING WITH
THE POSSESSION OF THE PETITIONER OVER THE
SCHEDULE PROPERTY OR DEMOLISH THE SAME
AND ITS ANCILLARIES SUCH AS DRAINAGE,
FOOTPATHS ETC., OTHERWISE THAN IN
ACCORDANCE WITH LAW.
IN WP NO. 28598/2024
BETWEEN:
K. VENKATESH
S/O. SRI. B. KRISHNACHAR,
AGED ABOUT 52 YEARS,
R/AT GANDHI CIRCLE,
HIRIYUR,
CHITRADURGA-577 598.
...PETITIONER
(BY SRI. SWAROOP S.,ADVOCATE)
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY, PUBLIC
WORKS DEPARTMENT,
M.S. BUILDING, AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E), K.R.
CIRCLE, BENGALURU-560 001.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, CHITRADURGA
DISTRICT-577 598.
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT-577 598.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT-577598,
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
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WP No. 28587 of 2024
C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS OR THEIR AGENTS /
OFFICERS TO RESTRAIN FROM INTERFERING WITH
THE POSSESSION OF THE PETITIONER OVER THE
SCHEDULE-A AND B PROPERTY OR DEMOLISH
THE SAME AND ITS ANCILLARIES SUCH AS
DRAINAGE, FOOTPATHS ETC., OTHERWISE THAN
IN ACCORDANCE WITH LAW.
IN WP NO. 29085/2024
BETWEEN:
RAGHUVEER HS
S/O SRI. H P SUNDAR RAJ,
AGED ABOUT 41 YEARS,
R/A INTACT AVENUE,
II FLOOR, 13TH CROSS, MAIN ROAD,
BENGALURU - 560114.
...PETITIONER
(BY SRI. SWAROOP S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT,
MS BUILDING, AMBEDKAR ROAD,
BENGALURU - 560001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E)
KR CIRCLE, BENGALURU - 560001.
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
CHITRADURGA DISTRICT - 577598.
4. THE DEPUTY COMMISSIONER,
CHITRADURGA DISTRICT.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT - 577598
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT
VIDHANA SOUDHA, BENGALURU - 560001.
7. CHAIRMAN AND PLANNING DIRECTOR,
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT - 577598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS OR THEIR AGENTS /
OFFICERS TO RESTRAIN FROM INTERFERING WITH
THE POSSESSION OF THE PETITIONER OVER THE
SCHEDULE-A AND B PROPERTY OR DEMOLISH
THE SAME AND ITS ANCILLARIES SUCH AS
DRAINAGE, FOOTPATHS ETC., OTHERWISE THAN
IN ACCORDANCE WITH LAW; DIRECT THE
RESPONDENTS TO ALLOCATE THE PROPERTY
BEHIND THE SCHEDULE PROPERTY HAVING SAME
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
EXTENT OF THE SCHEDULE PROPERTY TO THE
PETITIONER IN CONSIDERATION OF
REPRESENTATION DTD. 15.07.2024 (ANNX-K).
IN WP NO. 29127/2024
BETWEEN:
H SATHYANARAYANACHAR
S/O. SRI. HANUMANTHACHAR
AGED ABOUT 48 YEARS
R/A. ASHOK ROAD, HIRIYUR,
CHITRADURGA 577598
...PETITIONER
(BY SRI. SWAROOP S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY, PUBLIC
WORKS DEPARTMENT, MS BUILDING,
AMBEDKAR ROAD,
BENGALURU 560 001.
2. THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT (C AND E), KR
CIRCLE, BENGALURU 560001
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHITRADURGA DISTRICT. -577598
4. THE DEPUTY COMMISSIONER
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
CHITRADURGA DISTRICT.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR, CHITRADURGA DISTRICT. -577598
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY,
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU 560 001.
7. CHAIRMAN AND PLANNING DIRECTOR.,
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT 577 598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS OR THEIR
AGENTS/OFFICERS TO RESTRAIN FROM
INTERFERING WITH THE POSSESSION OF THE
PETITIONER OVER THE SCHEDULE PROPERTY OR
DEMOLISH THE SAME AND ITS ANCILLARIES SUCH
AS DRAINAGE, FOOTPATHS ETC., OTHERWISE
THAN IN ACCORDANCE WITH LAW.
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
IN WP NO. 29138/2024
BETWEEN:
HANUMANTHACHAR B
S/O SRI BHIMACHAR
AGED ABOUT 78 YEARS
RA/T ASHOKA ROAD
HIRIYUR
CHITRADURGA 577598
...PETITIONER
(BY SRI. SWAROOP S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
PUBLIC WORKS DEPARTMENT
MS BULIDNG
AMBEDKAR ROAD
BENGALURU 560001
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E)
KR CIRCLE
BENGALURU 560001
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
CHITRADURGA DISTRICT 577598
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
5. THE CITY MUNCIPAL COUNCIL
HIRIYUR
CHITRADURGA DISTRICT 577598
REP BY ITS CHIEF OFFICER
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT
VIDHANA SOUDHA
BENGALURU 560001
7. CHARIMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION
CHITRADURGA DISTRICT 577598
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
RESTRAIN FROM INTERFERING WITH THE
POSSESSION OF THE PETITIONER OVER THE
SCHEDULE A AND B PROPERTY OR DEMOLISH
THE SAME AND ITS ANCILLARIES SUCH AS
DRAINAGE, FOOTPATHS ETC., OTHERWISE THAN
IN ACCORDANCE WITH LAW.
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
IN WP NO. 29931/2024
BETWEEN:
1. RAJASHEKHAR M R
S/O. RAMALINGA SETTY,
AGED ABOUT 68 YEARS,
HULIYAR ROAD,
8TH WARD, HIRIYUR,
CHITRADURGA-577 598.
2. SUMADHURA M. R.
D/O. RANJAN. M. R.,
AGED ABOUT 29 YEARS,
R/AT NO. 342/1,
SRI RAKSHA NILAYA,
I CROSS, NEHRU NAGAR,
SHIVAMOGGA-577 413.
...PETITIONERS
(BY SRI. SWAROOP S, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT,
M.S. BUILDING,
AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (C AND E),
K.R. CIRCLE,
BENGALURU-560 001.
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
CHITRADURGA DISTRICT-577 598.
4. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT.
5. THE CITY MUNICIPAL COUNCIL
HIRIYUR,
CHITRADURGA DISTRICT-577 598,
REPRESENTED BY ITS CHIEF OFFICER.
6. UNDER SECRETARY
MINISTRY OF PUBLIC WORKS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560 001.
7. CHAIRMAN AND PLANNING DIRECTOR
DISTRICT URBAN DEVELOPMENT COMMISSION,
CHITRADURGA DISTRICT-577 598.
...RESPONDENTS
((BY SMT. SPOORTHI V., HCGP FOR R1 TO R4, R6 AND
R7;
SRI. S.MAHESH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS OR THEIR AGENTS/OFFICERS
TO RESTRAIN FROM INTERFERING WITH THE
POSSESSION OF THE PETITIONER OVER THE
SCHEDULE PROPERTY OR DEMOLISH THE SAME
AND ITS ANCILLARIES SUCH AS DRAINAGE,
FOOTPATHS ETC. OTHERWISE THAN IN
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C/W WP No. 28586 of 2024
WP No. 28591 of 2024
AND 7 OTHERS
ACCORDANCE WITH LAW.
THESE PETITIONS, COMING ON FOR
PRELIMINARY HEARING, THIS DAY, ORDER WAS
MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The writ petitioners are the owners of different properties that are situated either side of Hiriyur Main Road/Huliyar Road, Kuvempu Nagara, Hiriyur Town, Chitradurga District, and they have filed these petitions apprehending that portions of their properties would be demolished for road widening without due notice or opportunity. The petitioners rely upon the Minutes of Meeting dated 06.08.2024.
Sri. Swaroop S., the learned counsel who leads for the petitioners, submits that the authorities are taking action to demolish certain portions of the building with the intent to restore the width of the
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Sri. S. Mahesh, a learned standing counsel for the City Municipal Council [the fifth respondent], is heard in the light of this grievance and the learned counsel has been categorical that the fifth respondent has begun to ascertain the encroachment of the Hiriyur Main Road/Huliyar Road and whether the construction along this property is in accordance with the Sanctioned Plan. In fact, the learned counsel states that in some cases, notices have already been issued. Crucially, the learned counsel is categorical that once the due proceedings are complete, there would be notice as required in law to all the concerned about the proposed action and until then there will be no coercive measures.
In the light of the afore, the petitions stand disposed of taking on record the statement that the
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Sd/-
(B M SHYAM PRASAD) JUDGE RB