Karnataka High Court
N Chalimeswamy vs The State Of Karnataka on 23 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.10622/2017 (LB-RES)
BETWEEN
N.Chalimeswamy
S/o Late S.Nagappa.
Aged about 68 years,
Retired Principal,
R/a Hospital Road, Archana Building,
2nd Cross, Hiriyur Town,
Chitradurga District- 577599.
...Petitioner
(By Mr.Virupakshaiah P.H, Advocate)
AND
1. The State of Karnataka
Represented by its Secretary,
Urban Development Department,
Vikasa Soudha,Bengaluru -560001.
2. Chitradurga Urban Development Authority
Represented by its Commissioner,
Channakeshavapura, Chitrdurga-577001.
Date of order : 23.08.2017 in WP No.10622/2017
N.Chalimeswamy. vs.The State of Karnataka & Others.
.
2/5
3. The Commissioner
Chitradurga City Municipality
Chitradurga -577001.
4. Smt.Sharadamma
W/o Varadaraj,
Aged about 64 years,
R/a mastamma Layout,
Balaji Nilaya, Near Vonake
Obavva Stadium Road,
Chitradurga -577 001.
5. Murali,
S/o Varadaraj
Aged about 45 years,
R/a Mastamma Lyour,
Balaju Nilaya, Near Vonake
ObavvaStadium Road,
Chitrdurga-577001.
...Respondents
(By Mr.A.K.Vasanth, AGA for R1)
This writ petition is filed under Articles 226
and 227 of the Constitution of India praying to
quash modified approved plan dated 16.04.2012
passed by the R-2 authority vide annex-H holding
the same is illegal and without authority of law and
etc.
Date of order : 23.08.2017 in WP No.10622/2017
N.Chalimeswamy. vs.The State of Karnataka & Others.
.
3/5
This petition coming on for Preliminary
Hearing this day, the Court made the following:
ORDER
Mr.Virupakshaiah P.H, Advocate for Petitioner Mr.A.K.Vasanth, AGA for Respondent No.1 Petitioner, Chalimeswamy, has approached this court with the following prayers:
"(a) Issue Writ in the nature of Certiorari or Order or Direction in the similar nature quashing Modified Approved Plan dated 16.04.2012 bearing No.CUDA/TP/106 LAY/11-12 passed by the 2nd respondent authority vide Annexure-H holding the same as illegal and without authority of law;
(b) Grant any such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and Date of order : 23.08.2017 in WP No.10622/2017 N.Chalimeswamy. vs.The State of Karnataka & Others.
.
4/5 circumstances of the case in the interest of justice and equity."
2. Admittedly, the Civil Suit in OS 93/2014 against the same defendant nos.4 and 5, who are respondent no.4 Sharadamma, wife of Varadaraj and respondent no.5 Murali, son of Vadiraj, herein, is pending in the Court of the Civil Judge, Chitradurga for permanent injunction and also for mandatory injunction.
3. In view of the pendency of the civil suit, even if some subsequent events have taken place in the matter, the petitioner cannot be allowed to invoke the extraordinary jurisdiction of this court under Article 226 of the Constitution of India and it is for the petitioner to file proper applications and Date of order : 23.08.2017 in WP No.10622/2017 N.Chalimeswamy. vs.The State of Karnataka & Others.
.
5/5 pleading before the Trial Court and if necessary, by amending the plaint itself.
4. In view of pendency of suit, the present petition is held to be not maintainable.
5. With the aforesaid liberty to the petitioner to approach the Civil Court itself in the same pending suit, the petition is disposed of.
A copy of the order to be sent to the Respondents.
Sd/-
JUDGE nv