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Karnataka High Court

A. Gopalsingh S/O Late Nagamalsingh vs The State Of Karnataka on 9 October, 2012

Author: Ram Mohan Reddy

Bench: Ram Mohan Reddy

                              1




          IN THE HIGH COURT OF KARNATAKA
             CIRCUIT BENCH AT DHARWAD
      DATED THIS THE 9TH DAY OF OCTOBER, 2012
                       BEFORE
     THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
     WRIT PETITION NOS. 66589-593/2010 A/W
     WRIT PETITION NOS. 65094-102/2011 AND
 WRIT PETITION NOS. 62455/2011, 62456-459/2011 &
               64870/2011 (GM-TEN)

IN W.P NOS. 66589-593/2010:

BETWEEN

1.   A. SIDDESHWARA S/O A. GOUDAPPA
     AGE: 48 YEARS, OCC: AGRICULTURE,
     R/O 2ND WARD, KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY.

2.   A. SATHYANARAYANASHETTY
     S/O LATE A. CHANDRAPPASHETTY,
     AGE: 70 YEARS, OCC: BUSINESS,
     R/O 4TH WARD, KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY.

3.   J. NAGARAJSETTY S/O LATE J.D. BHIMASENASETTY,
     AGE: 45 YEARS, OCC: AGRICULTURE,
     R/O NEW 10TH WARD, KAMALAPUR-583 221,
     TQ. HOSPET, DIST. BELLARY.

4.   J. MARACKKA D/O G. SANNASIDDAPPA,
     AGE: 40 YEARS, OCC: HOUSE WIFE,
     R/O 17TH WARD, KAMALAPUR-583 221,
     TQ. HOSPET, DIST. BELLARY.

5.   K. JADISHA S/O LATE K. NAGESHAPPA
     AGE: 55 YEARS, OCC: AGRICULTURE,
     R/O 11TH WARD, KAMALAPUR-583 221,
     TQ. HOSPET, DIST. BELLARY.          ... PETITIONERS

(BY SRI. MAHANTESH C KOTTURSHETTAR, ADVOCATE)
                               2




AND:

1.     THE STATE OF KARNATAKA,
       BY ITS PRINCIPAL SECRETARY,
       DEPT. OF URBAN DEVELOPMENT,
       M.S. BUILDING, BANGALORE-560 001.

2.     THE ASSISTANT COMMISSIONER,
       HOSPET, DIST. BELLARY.

3.     TOWN PANCHAYATH KAMALAPUR,
       BY ITS CHIEF EXECUTIVE OFFICER,
       KAMALAPUR, HOSPET,
       DIST. BELLARY.                      ... RESPONDENTS

(BY SMT. MEGHA C KOLEKAR, HCGP FOR R1 & R2,
    SRI. GODE NAGARAJ, ADVOCATE FOR R.3)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER ANNEXURE-F, THE TENDER NOTIFICATION
DATED:12/08/2010, PUBLISHED IN PRAJA VANI DAILY NEWS
PAPER PUBLISHED ON 21/08/2010, ISSUED BY THE
RESPONDENT NO.2 AND 3 AND DIRECT THE RESPONDENT
NO.2 AND 3 TO TAKE PRIOR PERMISSION FROM THE HAMPI
WORLD HERITAGE AREA MANAGEMENT AUTHORITY BEFORE
TAKING UP OF ANY DEVELOPMENT WORK IN THE KAMALAPUR
VILLAGE.

IN W.P NOS. 65094-102/2011:

BETWEEN

1.     A. GOPALSINGH S/O LATE NAGAMALSINGH
       AGE: 58 YEARS, R/O D. NO. 250 & 233,
       2ND WARD (OLD), KAMALAPUR-583 221,
       TQ. HOSPET, DIST. BELLARY

2.     A. SUSHEELABAI W/O LATE A. NAGAMAL SINGH
       AGE: 74 YEARS,
       R/O D. NO. 251 & 252 (TQ. HOSPET,
       DIST. BELLARY OLD), 2ND WARD,
       KAMALAPUR-583 221.
                            3




3.   A. RAVIKISHORE S/O LATE A/ RAJARAM SINGH
     AGE: 45 YEARS,
     R/O D. NO. 269 (OLD),
     2ND WARD, KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY

4.   J. SHASHIKANT W/O J. RAMAPPA SETTY
     AGE: 52 YEARS,
     R/O D. NO. 251, 14TH WARD,
     KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY

5.   A. HANUMANAGOUDA S/O A. GOUDAPPA
     AGE: 46 YEARS,
     R/O D. NO. 443, 18TH WARD,
     KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY

6.   A. NAGARAJA S/O GOUDAPPA
     AGE: 48 YEARS,
     R/O D. NO. 28, OLD, 4TH WARD,
     KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY.

7.   M. GOPALSETTY S/O LATE M. NARAYANAPPA
     AGE: 59 YEARS,
     R/O D. NO. 246, OLD, 2ND WARD,
     KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY

8.   SYED KASIMSAB S/O NADDIMULLASAB
     AGE: 28 YEARS,
     R/O D. NO. 273, OLD, 3RD WARD,
     KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY

9.   S.S. RACHAMMA W/O S. B. STHAVARAMATH
     AGE: 55 YEARS,
     R/O D. NO. 442/13,
     KAMALAPUR-583 221, TQ. HOSPET,
     DIST. BELLARY.                   ... PETITIONERS

(BY SRI. MAHNTESH C KOTTURSHETTAR, ADVOCATE)
                             4




AND

1.    THE STATE OF KARNATAKA
      BY ITS PRINCIPAL SECRETARY
      DEPT. OF URBAN DEVELOPMENT,
      M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI,
      BANGALORE-560 001.

2.    THE DEPUTY COMMISSIONER,
      BELLARY.

3.    TOWN PANCHAYAT,
      KAMALAPUR, BY ITS CHIEF ERXECUTIVE OFFICER,
      KAMALAPUR, HOSPET TQ.,
      DIST. BELLARY.                    ... RESPONDENTS

(BY SMT. MEGHA C KOLEKAR, HCGP FOR R1 & R2,
    SRI. GODE NAGARAJ, ADVOCATE FOR R.3)


     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER ANNEXURE-C TENDER NOTIFICATION
DATED:12/08/2010 PUBLISHED IN PRAJAVANI DAILY NEWS
PAPER PUBLISHED ON 21/08/2010 ISSUED BY RESPONDENT
NO.3 AND DIRECT THE RESPONDENT NO.2 AND 3 TO
CONSIDER THE REPRESENTATION MADE BY THE PETITIONER
AS PER ANNEXURE-D.



IN W.P NOS. 62455/2011, 62456-459/2011 &
64870/2011:

BETWEEN

1.    SRI K. NARAYANAPPA S/O K.HANUMANTHAPPA,
      AGE: 45 YEARS,
      R/A D.NO.33, 7TH WARD, KAMALAPUR,
      HOSPET - 583 221
      DIST: BELLARY.
                            5




2.   SRI A.NARAYANA SINGH,
     S/O A. NAGAMAL SINGH,
     AGE: 54 YEARS,
     R/AT D.NO.442/13,
     KAMALAPUR, HOSPET - 583 221
     DIST: BELLARY.

3.   SRI A.VENKANNA SETTY
     S/O LATE A.CHANDRAPPA SETTY,
     AGE : 78 YEARS,
     R/AT D.NO.117,
     9TH WARD, KAMALAPUR,
     HOSPET - 583 221
     DIST: BELLARY.

4.   SRI E. NAGARESWARA,
     S/O LATE E.S.NARAYANAPPA,
     AGE : 49 YEARS,
     R/AT D.NO.196/1,
     10TH WARD, KAMALAPUR,
     HOSPET - 583 221
     DIST: BELLARY.

5.   SRI H.K.SATYA NARAYAN RAO,
     S/O LATE H.K.VENKOBA RAO,
     AGE : 58 YEARS,
     R/AT D.NO. 431/382,
     KAMALAPUR,
     HOSPET - 583 221
     DIST: BELLARY.

6.   SMT HABIB BEE,
     W/O LATE K SATTAR SAB,
     AGE : 55 YEARS,
     R/AT D.NO. 273,
     3RD WARD, & 52/7, KAMALAPUR,
     HOSPET - 583 221
     DIST: BELLARY.                 ... PETITIONERS

(BY SRI. MAHANTESH C KOTTURSHETTAR, ADVOCATE)
                             6




AND

1.    THE STATE OF KARNATAKA
      BY ITS PRINCIPAL SECRETARY,
      DEPARTMENT OF URBAN DEVELOPMENT,
      M.S.BUILDING,
      DR. B.R.AMBEDKAR VEEHI,
      BANGALORE - 560 001.

2.    THE DEPUTY COMMISSIONER,
      BELLARY,
      DIST BELLARY.

3.    TOWN PANCHAYAT,
      KAMALAPUR,
      BY ITS CHIEF EXECUTIVE OFFICER,
      KAMALAPUR, HOSPET,
      DIST: BELLARY.                    ... RESPONDENTS

(BY SMT. MEGHA C KOLEKARAGA FOR R1 & R2,
    SRI. GODE NAGARAJ, ADVOCATE FOR R.3)


     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER ANNEXURE-C TENDER NOTIFICATION
DATED:12/08/2010 PUBLISHED IN PRAJAVANI DAILY NEWS
PAPER PUBLISHED ON 21/08/2010 ISSUED BY RESPONDENT
NO.3 AND DIRECT THE RESPONDENT NO.2 AND 3 TO
CONSIDER THE REPRESENTATION MADE BY THE PETITIONER
AS PER ANNEXURE-E.

     THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY THE COURT MADE THE FOLLOWING:

                         ORDER

Recording the submission of Sri. Gode Nagaraj, learned Counsel for respondent No.3 that the works under tender are 80% complete and that the authority 7 would not demolish any private buildings except buildings on public properties, in accordance with law, the question of quashing the tender notification -

Annexure 'F' at this stage does not arise.

Petitions are accordingly disposed of.

SD/-

JUDGE gab/ct-dk