Karnataka High Court
M. Thirthappa vs Shivamogga - Bhadravathi Urban on 23 June, 2023
Author: R. Devdas
Bench: R. Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.14430 OF 2022(LB-RES)
C/W
WP NO. 21003/2021, WP NO. 22106/2021,
WP NO. 22855/2021, WP NO. 22886/2021,
WP NO. 22903/2021, WP NO. 24251/2021,
WP NO. 379/2022, WP NO. 389/2022,
WP NO. 617/2022, WP NO. 1362/2022,
WP NO. 1543/2022, WP NO. 1633/2022,
WP NO. 1652/2022, WP NO. 1851/2022,
WP NO. 1908/2022, WP NO. 2109/2022,
WP NO. 2123/2022, WP NO. 2211/2022,
WP NO. 2245/2022, WP NO. 2471/2022,
WP NO. 2487/2022, WP NO. 2489/2022,
WP NO. 2629/2022, WP NO. 2637/2022,
WP NO. 2753/2022, WP NO. 2861/2022,
WP NO. 3431/2022, WP NO. 3479/2022,
WP NO. 5358/2022, WP NO. 6333/2022,
WP NO. 6664/2022, WP NO. 7541/2022,
WP NO. 7593/2022, WP NO. 7597/2022,
WP NO. 7669/2022, WP NO. 8216/2022,
WP NO. 8308/2022, WP NO. 8406/2022,
WP NO. 8831/2022, WP NO. 9244/2022,
WP NO. 9434/2022, WP NO. 10082/2022,
WP NO. 10132/2022, WP NO. 10293/2022,
WP NO. 10822/2022, WP NO. 11788/2022,
WP NO. 11868/2022, WP NO. 12159/2022,
WP NO. 13124/2022, WP NO. 13351/2022,
WP NO. 13667/2022, WP NO. 13733/2022,
WP NO. 14132/2022, WP NO. 14172/2022,
WP NO. 15575/2022, WP NO. 15643/2022,
WP NO. 16608/2022, WP NO. 17069/2022,
WP NO. 17183/2022, WP NO. 18527/2022,
WP NO. 18541/2022, WP NO. 18699/2022,
WP NO. 19219/2022, WP NO. 19506/2022,
WP NO. 19544/2022, WP NO. 20125/2022,
-2-
WP NO. 21539/2022, WP NO. 22388/2022,
WP NO. 22413/2022, WP NO. 22475/2022,
WP NO. 22479/2022, WP NO. 22494/2022,
WP NO. 22869/2022, WP NO. 23031/2022,
WP NO. 24460/2022, WP NO. 25282/2022,
WP NO. 25547/2022, WP NO. 25598/2022,
WP NO. 58/2023, WP NO. 273/2023,
WP NO. 827/2023, WP NO. 921/2023,
WP NO. 1858/2023, WP NO. 1962/2023,
WP NO. 2142/2023, WP NO. 4199/2023,
WP NO. 5265/2023, WP NO. 6373/2023,
WP NO. 6475/2023, WP NO. 7138/2023,
WP NO. 7653/2023, WP NO. 7821/2023,
WP NO. 8044/2023, WP NO. 8696/2023,
WP NO. 9112/2023, WP NO. 9794/2023,
WP NO. 9804/2023, WP NO. 10037/2023,
WP NO. 10429/2023 (LB-RES).
IN WP NO.14430/2022
BETWEEN
1 . MANJULA
W/O LATE M. ANNADORAI
AGED ABOUT 49 YEARS.
2 . ARUNA A
S/O LATE M. ANNADORAI
AGED ABOUT 29 YEARS.
3 . SURESH A
S/O LATE M. ANNADORAI
AGED ABOUT 27 YEARS.
4 . SANTOSH A
S/O LATE M. ANNADORAI
AGED ABOUT 25 YEARS.
ALL ARE R/O KUMBARAGUNDI
CHANNAPPASWAMY MUTT
SHIVAMOGGA - 577 202.
...PETITIONERS
(BY SRI P. N. HARISH, ADVOCATE)
-3-
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA - BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE R-2 DATED 30.10.2021 PASSED IN
SHI.NA.PRA./NI.SHA-2/NI.NO.C-129/2011-12/1986 VIDE
ANNEXURE-C.
IN WP NO.21003/2021
BETWEEN
SRI B. N. BHASKAR
S/O LATE B. NARASIMHAIAH
AGED ABOUT 57 YEARS
HUNASEKATTE VILLAGE
H. K. JUNCTION POST
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 119.
...PETITIONER
(BY SRI NAGARAJ D., ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
-4-
URBAN DEVELOPMENT DEPARTMENT
MS BUILDING, DR AMBEDKAR VEEDHI
BENGALURU - 560 001.
2 . THE COMMISSIONER
SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 301.
...RESPONDENTS
(BY SRI.NITHYANANDA K. R., AGA FOR R1;
SRI. A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 18.10.2021 VIDE ANNEXURE-J
ISSUED BY THE RESPONDENT NO.2 AND IN THE
ALTERNATIVE AND ETC.,
IN WP NO.22106/2021
BETWEEN
SMT M. SHANTHA
W/O V. NARASIMHAMURTHY
AGED ABOUT 59 YEARS
R/AT GURU NARASIMHA KRUPA
NO E -373, ATAL BIHARI VAJPAYEE EXTN.
MALLIGENAHALLI, SHIVAMOGGA - 577 205.
...PETITIONER
(BY SRI ANOOP HARANAHALLI, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR,
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER
... RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
-5-
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED NOTICE DATED 08.10.2021 ISSUED BY THE
RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE PROPERTY VIDE ANNEXURE-A AND ETC.
IN WP NO.22855/2021
BETWEEN
SMT N. SOUMYASHREE
D/O N NAGENDRA
W/O CHANDRAMOULI
AGED ABOUT 34 YEARS
R/AT 279, 100 FEET ROAD
GOPALGOWDA EXTENSION
SHIVAMOGGA - 577 205
... PETITIONER
(BY SRI. SATISH M. DODDAMANI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
HOUSING AND URBAN DEVELOPMENT
AUTHORITY, M S BUILDING
BENGALURU - 560 001.
2. THE COMMISSIONER,
SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 204.
3. THE HON'BLE LOKAYUKTA
REP. BY ITS REGISTRAR
M S BUILDING
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
-6-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 08.10.2021 VIDE
ANNEXURE-C AND ETC.
IN WP NO.22886/2021
BETWEEN
M. THIRTHAPPA
S/O MARUTHAPPA
AGED ABOUT 63 YEARS
R/AT NO. 5, 1ST CROSS
SLT LAYOUT, OPP MAX PURNODAYA
KUVEMPU NAGAR, SAVALANAGA ROAD
SHIVAMOGGA - 577 201
(PETITION NOT CLAIMING THE SENIOR CITIZENSHIP)
...PETITIONER
(BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
AND
SHIVAMOGGA - BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
REP. BY ITS COMMISSIONER
SHIVAMOGGA - 577 201.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 18.10.2021 PASSED BY THE RESPONDENT
PRODUCED AT ANNEXURE-A AND ETC.
IN WP NO.22903/2021
BETWEEN
SMT. SHOBHA
D/O NAGESH
-7-
AGED ABOUT 47 YEARS
R/O C/O G. T. CHANDRASHEKAR
GADIKOPPA, SAGAR ROAD
SHIVAMOGGA.
...PETITIONER
(BY SRI SRINIVAS BHAT, ADVOCATE)
AND
COMMISSIONER
SHIVAMOGGA-BADRAVATHI URBAN
DEVELOPMENT AUTHORITY
HEAD OFFICE SHIVAMOGGA.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER AT ANNEXURE-G DATED 2.11.2021 BY THE
COMMISSIONER SHIVAMOGGA BADRAVATHI URBAN
DEVELOPMENT AUTHORITY CANCELING THE ALLOTMENT
OF SITE ETC.
IN WP NO.24251/2021
BETWEEN
SRI R. T. SATHISH
S/O H. M. THAMMAIAH SHETTY
AGED ABOUT 62 YEARS
R/O VIJAYANAGAR, RAVANDURU
PERIYAPATNA TALUK
MYSURU - 571 108.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
...PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
-8-
DEVELOPMENT AUTHORITY (SUDA)
VINOBHANAGAR
SHIVAMOGA - 577 204
REP. BY ITS COMMISSIONER. ...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER DATED 07.10.2021 ISSUED BY
THE RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE PROPERTY VIDE ANNEXURE-A AND ETC.
IN WP NO.379/2022
BETWEEN
SURESHKUMAR SHETTY
S/O BASAVA SHETTY
AGED ABOUT 55 YEARS
R/O DUGGANAMAKKI
SHEDIMANE POST, KUNDAPUR TALUK
UDUPI DISTRICT - 576 201. ...PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA,
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA -BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA -577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
-9-
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE RESPONDENT NO.2 DATED 07.10.2021
VIDE ANNEXURE-B AND ETC.
IN WP NO.389/2022
BETWEEN
SUDHAKAR SHETTY
S/O BASAVA SHETTY
AGED ABOUT 59 YEARS
NO.1140, 'SRINIVASA NILAYA'
8TH BLOCK, GIDDAKONANAHALLI
VISHVESHWARAIAH LAYOUT
NEAR KARNATAKA BANK
BENGALURU - 560 091.
...PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA - BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA -577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
-10-
ORDER OF THE RESPONDENT NO.2 DATED 7.10.2021
PRODUCED AT ANNEXURE-B TO THE WRIT PETITION AND
ETC.,
IN WP NO.617/2022
BETWEEN
SRI ANANT VAJENDRA RAO KATARKI
AGED ABOUT 63 YEARS
S/O LATE SRI VAJENDRA RAO KATARKI
R/AT NO.639, MADHAVAVALLABHA
RBI LAYOUT, JP NAGAR
7TH PHASE, BENGALURU - 560 078
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
...PETITIONER
(BY SRI ANOOP HARANAHALLI, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA -577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTICE DATED 2.11.2021 ISSUED BY THE
RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE PROPERTY AT ANNEXURE-A ETC.
IN WP NO.1362/2022
BETWEEN
S. K. MANJUNATHA SHETTY
S/O LATE K. KUKRA SHETTY
AGED ABOUT 64 YEARS
-11-
R/O 'AMBA NILAYA', MIG-9/A
1ST STAGE, KHB COLONY
GOPALA
SHIVAMOGGA - 577 205.
...PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER/COMMUNICATION DATED. 11.10.2021
ISSUED BY THE RESPONDENT NO.2 CANCELLING THE
ALLOTMENT OF SITE ALLOTTED TO HIM IN ATAL BIHARI
VAJPAYEE (MALLIGENAHALLI) LAYOUT/EXTENSION
PRODUCED AS PER ANNEXURE-F TO THE WRIT PETITION
AND ETC.
IN WP NO.1543/2022
BETWEEN
1. ROHINI. P
AGED ABOUT 65 YEARS
W/O R. B. PURUSHOTHAM
R/O #104/105
BHOOPALAM LAYOUT
7TH BLOCK
VINOBHANAGARA
-12-
SHIVAMOGGA - 577 204.
2. P. SAROJA
AGED ABOUT 66 YEARS
W/O K. R. GIRIDHARA
R/O 'ASHIRWADA NILAYA'
3RD FLOOR, OPP TO ROYAL
PRINTERS, KUMBARAGUNTE
B. B. ROAD, SHIVAMOGGA - 577 202
3. UMESH G. H
AGED ABOUT 54 YEARS
S/O HOOVANA GOWDA
R/O NO.172, 'BHAVANI NILAYA'
AT HAREEM LAYOUT
NEAR K. H. B COLONY
GOPALA, SHIVAMOGA - 577 205
4. DINESH. M
AGED ABOUT 37 YEARS
S/O MADHAVA
GOPISHETTY KOPPA
GADIKOPPA
SHIVAMOGGA - 577 205
5. RAVIKUMAR M. C
AGED ABOUT 53 YEARS
S/O CHINNAPPA T
R/O M.M.COMPOUND
T.K.ROAD, BHADRAVATHI TALUK
SHIVAMOGGA - 577 301.
6. NAGARAJ MAHADEV SHET
AGED ABOUT 63 YEARS
S/O MAHADEV SHET
R/O 'JNANESWARI NILAYA'
ASHOKA ROAD
SHIVAMOGGA - 577 202.
...PETITIONERS
-13-
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION ISSUED BY THE
R-2 ON THE PETITIONERS DATED 21.10.2021 VIDE
ANNEXURE-J AND ETC.
IN WP NO.1633/2022
BETWEEN
SHRI NAGARAJAPPA A. K
S/O SRI GIDDAPPA
AGED ABOUT 54 YEARS
XVIII ADDL CITY CIVIL AND
SESSIONS JUDGE
RA/T J A-1-202
JUDICIAL BLOCK
NATIONAL GAMES VILLAGE
KORAMANGALA
BENGALURU - 560 034.
ALSO AT: MARUTHI KRUPA
KUVEMPU ROAD, SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201.
...PETITIONER
-14-
(BY SRI RAJASHEKAR S. ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA
DR B. R. AMBEDKAR VEEDHI
BENGALURU - 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER
SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, ADARSHA LAYOUT
VINOBHA NAGAR
SHIVAMOGGA - 577 204.
3. THE PRESIDENT
SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, ADARSHA LAYOUT
VINOBHA NAGAR
SHIVAMOGGA - 577 204.
4. THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT
OFFICE OF DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT - 577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1 AND R4;
SRI. A. V. GANGADHARAPPA, ADVOCATE FOR
R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ORDER DATED 02.11.2021 PASSED BY THE
RESPONDENT NO.2 VIDE ANNEXURE-A ETC.
-15-
IN WP NO.1652/2022
BETWEEN
K. VEENA
W/O D. S. ASHOK KUMAR
AGED ABOUT 50 YEARS
RESIDENT OF UPPARAKERI
GANDHIBAZAAR, 2ND CROSS
SHIVAMOGGA - 577 202
...PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY
2 . SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE RESPONDENT NO.2 DATED
02.11.2021 PASSED PRODUCED AS PER ANNEXURE-B TO
THE WRIT PETITION AND ETC.
-16-
IN WP NO.1851/2022
BETWEEN
K. S. KIRANKUMAR
S/O K. R. SHIVAPPA
AGED ABOUT 51 YEARS
RESIDENT OF GANGA NILAYA
4TH CROSS, 60 FEET ROAD
VINOBHANAGARA
SHIVAMOGGA - 577204
...PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY
2 . SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE RESPONDENT NO.2 DATED 07.10.2021 VIDE
ANNEXURE-B AND ETC.
IN WP NO.1908/2022
BETWEEN
K. MADHUMATHI
D/O KENCHAPPA. M
-17-
W/O VINAY S. YALNAIKAR
AGED ABOUT 40 YEARS
RESIDENT OF 'GANGA NILAYA'
1ST STAGE, 4TH CROSS
60 FEET ROAD
VINOBHANAGAR
SHIVAMOGGA - 577 204.
...PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA-BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE RESPONDENT NO.2 DATED 02.11.2021
VIDE ANNEXURE-B AND ETC.
IN WP NO.2109/2022
BETWEEN
1. SRI S. A. RAJAGOPAL
S/O LATE S. G. ADINARAYANAIAH
AGED ABOUT 66 YEARS
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
R/AT "SRI MARUTHI NIVASA"
A. N. KRISHNA RAO ROAD
-18-
GANDHINAGAR
SHIVAMOGGA - 577 201.
2. SMT S. V. VEENA
W/O S. A. VISHWANATH
AGED ABOUT 47 YEARS
R/AT "SRI MARUTHI NIVASA"
A. N. KRISHNA RAO ROAD
GANDHINAGAR
SHIVAMOGGA - 577 201.
...PETITIONERS
(BY SRI T. N. VISWANATHA, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY (SUDA)
REP. BY ITS COMMISSIONER
VINOBA NAGAR,
SHIVAMOGGA - 577 204.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 21.10.2021
VIDE ANNEXURE-A AND THE IMPUGNED ORDER DATED
21.10.2021 VIDE ANNEXURE-B ISSUED BY THE
RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE A AND B PROPERTIES AND ETC.
IN WP NO.2123/2022
BETWEEN
SRI K. MASTHAN
S/O LATE KASHAIAH
AGED ABOUT 59 YEARS
SHRI GOWRI, L.B.S. NAGAR
1ST CROSS, SVALANG ROAD
SHIVAMOGGA - 577 204.
...PETITIONER
-19-
(BY SRI NAGARAJAPPA A. ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 02.11.2021
ISSUED BY THE RESPONDENT CANCELLING THE
ALLOTMENT OF THE SCHEDULE PROPERTY VIDE
ANNEXURE - D AND ETC.
IN WP NO.2211/2022
BETWEEN
1 . SHAILA SHIVAKUMAR
W/O R. SHIVAKUMAR
AGED ABOUT 39 YEARS
R/O NO.38, LIG, 1-A, II PHASE
KARNATAKA HOUSING BOARD
COLONY, GOPALA
SHIVAMOGGA - 577 205.
2 . KAMALAKSHAPPA H. H
S/O HUCCHARAYAPPA. H
AGED ABOUT 64 YEARS
R/O MIG-165, D-BLOCK
HUDCO, KALAHALLI
VINOBHANAGARA
SHIVAMOGGA - 577 204.
3 . B. H. VISHWANATH
S/O BANGARAPPA GOWDA
AGED ABOUT 69 YEARS
-20-
R/O NO.166, DIVYA DARSHANA
B-BLOCK, 3RD CROSS ROAD
RANGANATHA EXTENSION
SHIVAMOGGA - 577 205.
4 . SRINIVAS. S
S/O SATYANARAYANA S. L
AGED ABOUT 55 YEARS
R/O 3RD CROSS
RANGANATHA EXTENSION
GOPALA, SHIVAMOGGA 577 205.
5 . K. S. SUJATHA
W/O SURESH
AGED ABOUT 49 YEARS
C/O H. D. RAMESH
A-40, VIVEKANANDA EXTENSION
SHIVAMOGGA - 577 205.
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001.
BY ITS PRINCIPAL SECRETARY
2 . SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
21.10.2021 SERVED ON THE PETITIONER NO.1 BY
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-H TO
THE WRIT PETITION AND ETC.
-21-
IN WP NO.2245/2022
BETWEEN
1. BHARATHI A. G
W/O H. DAKYA NAIK
AGED ABOUT 55 YEARS
R/O NO.23, 'ARAMBHA'
NEAR CHAITANYA TRUST
100 FEET ROAD, DOUBLE ROAD
GOPALAGOWDA BADAVANE
SHIVAMOGGA - 577 203.
2. MANJULABAI K. G
W/O SAMYA NAIK
AGED ABOUT 50 YEARS
R/O NO.53, 'MANJUSHA'
NEAR NALANDA SCHOOL
RANGANATHA BADAVANE
GOPALA
SHIVAMOGGA - 577 205.
3. GEETHA
W/O R. KRISHNAMURTHY
D/O LATE LAKSHMAN SETTY
AGED ABOUT 66 YEARS
R/O NO.213, 'RAGHUA NILAYA'
RAMAKRISHNA ASHRAMA ROAD
2ND STAGE, VINOBHANAGARA
SHIVAMOGGA -577 204.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
4. H. T. SANDEEP HEGDE
H. R. THAMMAIAH HEGDE
AGED ABOUT 49 YEARS
R/O 'SARVA SIDDHI'
NEAR GOOD LUCK CIRCLE
SWAMY VIVEKANANDA BADAVANE
OPPOSITE TO NAGASUBRAMANYA TEMPLE
SHIVAMOGGA -577 201.
-22-
5. S. RAGHUNATHA
S/O SATYANARAYANA
AGED ABOUT 42 YEARS
R/O 4TH CROSS, GUTTYAPPA COLONY
SHIVAMOGGA -577 205.
6. RAMESH D. SHET
S/O DATTATREYA SHET
AGED ABOUT 56 YEARS
R/O H. SIDAIAH ROAD
BESIDE SUSHMITA JEWELLARY
SHIVAMOGGA -577 204.
7. G. C. MANJUNATHA
S/O G. CHINNAYIA GOWDA
AGED ABOUT 54 YEARS
R/O NO.148, 'SHIVA NILAYA'
AL AREEM LAYOUT, GOPALA
SHIVAMOGGA - 577 201.
8. R. SURENDRA
S/O LATE G. REVANNA
AGED ABOUT 44 YEARS
R/O NO.16/2, 3RD CROSS
GANDHIBAZAAR
ANAVERAPPANAKERI
SHIVAMOGGA -577 204.
9. SUBRAMANYA KUMAR S
S/O GANAPATHI BHAT S
AGED ABOUT 55 YEARS
R/O 'CHAITANYA', 2ND MAIN ROAD
SAHYADRI NAGAR
SHIVAMOGGA - 577 204.
10 . MANJUNATHA N
S/O LATE H. R. NEELAKANTHACHAR
AGED ABOUT 52 YEARS
R/O NO.1399, 'SRINIVASA KRUPA'
OPPOSITE TO MAHALAKSHMI TEMPLE
-23-
SHIVAMOGGA -577 201.
11 . NANDINI R. J
W/O RAVIPRAKASH S. J
AGED ABOUT 40 YEARS
R/O #243, 'DHEEMAHI'
5TH CROSS, P AND T COLONY
SAMUDAYA BHAVAN ROAD
VINOBHANAGARA
SHIVAMOGGA - 577 201.
12 . MANJUNATHA. R
S/O K. RAMANNA
AGED ABOUT 45 YEARS
R/O MATRUSHREE NILAYA
DURGAMMANAKERI VIDYANAGAR
SHIVAMOGGA-577 201.
13 . ANITHA G. C
W/O MAHESHA
D/O G. T. CHANDRASHEKAR
AGED ABOUT 38 YEARS
R/O #19, SRI DURGA NILAYA
ALKOLA MAIN ROAD
BEHIND LAXMI RICE MILL
GADIKOPPA
SHIVAMOGGA -577 201.
14 . S. GOPINATHA
AGED ABOUT 56 YEARS
S/O PRAHALAD RAO
R/O WARD NO.27, MANJUNATHA LAYOUT
SHIVAMOGGA DISTRICT- 577 401.
PRESENTLY CAMPING AT
BEHIND FOREST OFFICE
TALAKALALE CIRCLE, B. H. ROAD
KARGAL, KARGAL POST
SAGARA TALUK
SHIVAMOGGA DISTRICT-577 421.
-24-
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
02.11.2021 SERVED ON PETITIONER NO.1 BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-S TO THE
WRIT PETITION AND ETC.
IN WP NO.2471/2022
BETWEEN
1. H. S. SACHIN
S/O H. M. SUBBAIAH
AGED ABOUT 48 YEARS
R/O HADLUTHOTA
HARGOLIGE
VILLAGE AND POST
THIRTHAHALLI TALUK - 577 432
SHIVAMOGGA DISTRICT.
2. H. S. SAMANTH
S/O H. M. SUBBAIAH
-25-
AGED ABOUT 41 YEARS
R/O NO.77, 'MATHRUSHREE'
2ND STAGE, 2ND CROSS
VINOBHANAGARA
SHIVAMOGGA - 577 204.
3. SATISH R. L
S/O LAKSHMAN RAO
AGED ABOUT 45 YEARS
R/O VIMAL
SHARAVATHINAGAR
'A' BLOCK, 2ND MAIN
SHIVAMOGGA - 577 204.
4. KIRAN R. L
S/O LAKSHMAN RAO
AGED ABOUT 39 YEARS
R/O 4TH CROSS
'B' BLOCK
GANDHINAGARA
SHIVAMOGGA - 577 201.
5. THOMAS TEJ QUADROS
S/O DENNIS QUADROS
AGED ABOUT 49 YEARS
R/O 'EDEN' BAPUJINAGARA MAIN ROAD
OPPOSITE TO GENERAL HOSTEL
SHIVAMOGGA - 577 201.
6. R. RATHNAIAH
S/O CHINNAIAH
AGED ABOUT 73 YEARS
R/O 'JAHANAVI NILAYA'
60 FEET ROAD, 2ND STAGE
VINOBHANAGARA
SHIVAMOGGA - 577 201.
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
-26-
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER(S)/COMMUNICATION(S) ISSUED
BY THE SECOND RESPONDENT ON THE PETITIONERS IN
ORDERS DATED 18.10.2021, PRODUCED AS ANNEXURES -
J, J1, J2, J3, J4, J5, TO THE PETITION AND ETC.
IN WP NO.2487/2022
BETWEEN
SURESH DATTARAM SHET
S/O DATTARAM SHET
AGED ABOUT 58 YEARS
R/A "DATTA KAMALA"
GANDHIBAZAAR CROSS
UPPAR STREET
SHIVAMOGGA - 577 202.
...PETITIONER
(BY SRI PRABHAKAR SHETTY S. K., ADVOCATE)
-27-
AND
1. THE COMMISSIONER
SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
VINOBANAGARA
SHIVAMOGGA - 577 204.
2. THE PRINCIPAL SECRETARY
URBAN DEVELOPMENT
DEPARTMENT
GOVERNMENT OF KARNATAKA
ROOM NO. 436
VIKASA SOUDHA
BENGALURU - 560 001.
3. THE REGISTRAR
KARNATAKA LOKAYUKTHA
AMBEDKAR VEEDHI
BENGALURU 560 001
...RESPONDENTS
(BY SRI A. V. GANGADHARAPPA, ADVOCATE FOR R1;
SRI NITHYANANDA K.R., AGA FOR R2;
SRI VENKATESH ARBATTI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE
RESPONDENT NO.1, ANNEXURE-C DATED 18.10.2021 IN
THE INTEREST OF JUSTICE AND EQUITY AND ETC.
IN WP NO.2489/2022
BETWEEN
1 . V. NAGARAJ
S/O VIMALESHWAR N. SHET
AGED ABOUT 56 YEARS
R/O AZAD ROAD
NEAR TO AXIS BANK
-28-
CBT HUBBALI-580 009
DHARWAD DISTRICT.
2 . S. V. SHASHISHEKARA
S/O S. V. VENKATARAMANAIAH
AGED ABOUT 59 YEARS
R/O 'BANGARA NILAYA'
OPPOSITE TO CHINMAYA MISSION
O. P. ROAD,
SHIVAMOGGA-577 202.
3. S. V. VENKATANARAYANA
S/O S. V. VENKATARAMANAIAH
AGED ABOUT 62 YEARS
R/O SOGANE VILLAGE
NIDIGE POST
SHIVAMOGGA - 577 222.
(SENIOR CITIZEN BENEFIT NOT
CLAIMED)
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
-29-
TO QUASH THE ORDER/COMMUNICATION DATED
18.10.2021 SERVED ON THE FIRST PETITIONER BY THE
SECOND RESPONDENT PRODUCED AS ANNEXURE-F TO
THE WRIT PETITION; COMMUNICATION DATED
18.10.2021 SERVED ON THE SECOND PETITIONER BY THE
SECOND RESPONDENT PRODUCED AS ANENXURE-F1 TO
THE WRIT PETITION AND THE COMMUNICATION DATED
18.10.2021 SERVED ON THE THIRD PETITIONER BY THE
SECOND RESPONDENT PRODUCED AS ANNEXURE-F2 TO
THE WRIT PETITION AND ETC.
IN WP NO.2629/2022
BETWEEN
LAKSHMAN DATTARAM SHET
S/O DATTARAM SHET
AGED ABOUT 52 YEARS
R/O UPPAR STREET
SHIVAMOGGA - 577 202.
...PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
-30-
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
18.10.2021 SERVED ON THE PETITIONER BY THE SECOND
RESPONDENT PRODUCED AS ANNEXURE-D TO THE WRIT
PETITION AND ETC.
IN WP NO.2637/2022
BETWEEN
V.PRAKASH
S/O VIMALESHWARA SHET
AGED ABOUT 54 YEARS
R/AT DEEPA PRAKASHA NILAYA
BEHIND P & T QUARTERS
GANDHINAGARA
CHIKKAMAGALURU - 577 101.
...PETITIONER
(BY SRI PRABHAKAR SHETTY S. K., ADVOCATE)
AND
1. THE COMMISSIONER
SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT
AUTHORITY
VINOBANAGARA
SHIVAMOGGA 577 204.
2. THE PRINCIPAL SECRETARY
URBAN DEVELOPMENT
DEPARTMENT
GOVERNMENT OF KARNATAKA
ROOM NO. 436
VIKASA SOUDHA
BENGALURU 560 001.
3. THE REGISTRAR
KARNATAKA LOKAYUKTHA
AMBEDKAR VEEDI
-31-
BENGALURU 560 001.
...RESPONDENTS
(BY SRI A. V. GANGADHARAPPA, ADVOCATE FOR R1;
SRI NITHYANANDA K.R., AGA FOR R2;
SRI VENKATESH ARBATTI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE
RESPONDENT NO.1 ANNEXURE-C DATED 18.10.2021 AND
ETC.
IN WP NO.2753/2022
BETWEEN
1. S. VEENA
W/O SHANKAR
AGED ABOUT 46 YEARS
R/O 'MAHALAKSHMI NILAYA'
GANDHARVANAGARA, N. T. ROAD
SHIVAMOGGA -577 204.
2. T. VEENA
D/O R. THIMMEGOWDA
W/O N. SURESH
AGED ABOUT 48 YEARS
R/O 'SANTHRUPTHI NILAYA'
NO.16, OPPOSITE TO VEERABHADRESHWARA
LAYOUT, BESIDE SHIVABASAVANAGARA
NAVULE, SHIVAMOGGA -577 204.
3. D. SOMASUNDARAM
S/O D. RAMANJANEYULU
AGED ABOUT 62 YEARS
R/O 'RAMADOOTH' MIG 84/B
2ND STAGE, K. H. B. COLONY
VINOBHANAGARA
SHIVAMOGGA -577 204.
-32-
4. SHIVAKUMAR S
S/O SHIVANNAGOWDA
AGED ABOUT 52 YEARS,
R/O S. H. 2/C NEW COLONY
OPPOSITE TO VIDYA MANDIRA
UMBLEBAILU ROAD
ASHOKA ROAD
SHIVAMOGGA-577 204.
5. G. YOGESH
S/O LATE C. GOPAL
AGED ABOUT 40 YEARS
R/O 'RATHNA NILAYA'
3RD CROSS, GANDHIBAZAAR
ANAVEERAPPANAKERI
SHIVAMOGGA -577 204.
6. LAKSHANA KUMAR B. M
S/O LATE MANJAPPA
AGED ABOUT 52 YEARS
C/O DOCTOR QUARTERS, NO.1
KUVEMPU ROAD, NEAR PETROL BUNK
SHIVAMOGGA -577 201.
7. G. RAVINDRA
S/O LATE G. SANNA THIMMAPPA
AGED ABOUT 57 YEARS
R/O #217/A, 'VINAYAKA KRUPA'
RAMAKRISHNASHRAMA ROAD
VINOBHANAGARA
SHIVAMOGGA -577 201.
8. ASHALATHA
W/O UDAYA KUMAR
AGED ABOUT 29 YEARS
R/O 'MATRUCHAYA'
1ST MAIN ROAD, 'B' BLOCK
SHARAVATHINAGARA
SHIVAMOGGA -577 201.
9. JANAKI
-33-
W/O S. K. MARIYAPPA
AGED ABOUT 37 YEARS,
R/O 3RD MAIN, 1ST CROSS
VENKATESHANAGARA
SHIVAMOGGA -577 201.
10 . V. H. HIRIYAMMA
W/O R. S. MAHESHA
AGED ABOUT 58 YEARS
R/O UPPER TUNGA CIRCLE OFFICE
SAGAR ROAD
SHIVAMOGGA -577 201.
11 . SANJAY KUMAR K
S/O K. G. KUMARASWAMY
AGED ABOUT 32 YEARS
R/O NO.89, 'SREE GOWRI'
1ST STAGE VINOBHANAGARA
SHIVAMOGGA-577 201.
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001.
BY ITS PRINCIPAL SECRETARY
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201.
REP. BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
-34-
TO QUASH THE ORDER/COMMUNICATION DATED
05.10.2021 SERVED ON THE FIRST PETITIONER BY THE
RESPONDENT NO.2 VIDE ANNEXURE-P TO THE WRIT
PETITION AND ETC.
IN WP NO.2861/2022
BETWEEN
SHASHIKALA K. R
W/O T. N. JAYAPRAKASH
AGED ABOUT 58 YEARS
'DEEPTHI', 5TH CROSS
A - BLOCK, GANDHINAGAR
SHIVAMOGGA-577 201
PRESENTLY CAMPING AT NO.301/C
'MAHAVEER JONQUIL'
IST MAIN, 3RD CROSS
SWAMY VIVEKANANDA COLONY
J. P. NAGAR, 7TH PHASE
BENGALURU-560 078.
...PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
-35-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
02.11.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-F TO THE
WRIT PETITION AND ETC.
IN WP NO.3431/2022
BETWEEN
SRI DEVAPPA K. S
S/O SHANKARAPPA GOWDA
AGED ABOUT 54 YEARS
SRI MANJUNATHA CANTEEN
J.P.N. ROAD
SHIVAMOGGA - 577 201
...PETITIONER
(BY SRI CHANDRASHEKAR, ADVOCATE)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF URBAN
DEVELOPMENT AUTHORITY
VIKASA SOUDHA,
BENGLAURU-560 001.
2 . SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
-36-
TO QUASH THE ORDER DATED 08.10.2021 VIDE
ANNEXURE-C ISSUED BY THE RESPONDENT NO.2 AND
ETC.
IN WP NO.3479/2022
BETWEEN
SMT. UMA A. MURTHY
W/O SRI MP. ANANDA MURTHY
AGED 56 YEARS
R/AT SRI VEERABADRESHWARA
BASAVESHWARA NAGAR (WEST)
SOWLANGA ROAD
SHIVAMOGGA-577 204
...PETITIONER
(BY SRI ANOOP HARANAHALLI, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY(SUDA)
VINOBHA NAGAR
SHIVAMOGGA-577 204
REP. BY ITS COMMISSIONER
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTICE DATED 13.10.2021 ISSUED BY
THE RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE PROPERTY AT ANNEXURE-A AND ETC.
IN WP NO.5358/2022
BETWEEN
SRI B. MANJUNATHA
S/O H. B. VEERAPPA
-37-
AGED ABOUT 37 YEARS
"SHRI REVANASIDDESHWARA NILAYA"
2ND MAIN ROAD, 5TH CROSS
KRISHINAGARA
SHIVAMOGGA - 577 204.
...PETITIONER
(BY SRI BASAVARAJU P., ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY
2 . THE SHIVAMOGGA -BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 18.10.2021
PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A
AND THE DECISION IN MINUTES OF MEETING DATED
30.07.2021 PASSED BY RESPONDENT NO.1 VIDE
ANNEXURE-A2 AND MINUTES OF MEETING DATED
13.08.2021 VIDE ANNEXURE-A1 PASSED BY THE
RESPONDENT NO.2 AND ETC.
IN WP NO.6333/2022
BETWEEN
SRI RAMESHA. G
S/O SRI GOPAL
-38-
AGED ABOUT 40 YEARS
PERMANENT R/O ATHISARA VILLAGE
SINGANABIDHARE POST
THIRTHAHALLI TALUK
SHIVAMOGA DISTRICT-577 220
PRESENTLY R/A NO.S-202
RMV GRANDEUR
NO.377, 8TH CROSS, 2ND BLOCK
RMV 2ND STAGE
BENGALURU-560 094. ...PETITIONER
(BY SRI. SURESH BABU B. N., ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA
DR. B. R. AMBEDKAR VEEDHI
BENGALURU-560 009
REP. BY ITS PRINCIPAL SECRETARY.
2. THE SHIVAMOGGA -BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
100 FEET ROAD, VINOBHANAGARA
SHIVAMOGGA-577 204
REP. BY ITS COMMISSIONER.
3. THE KARNATAKA LOKAYUKTHA
M S BUILDING
DR. B. R. AMBEDKAR VEEDHI
BENGALURU-560 001
REP. BY ITS REGISTRAR
...RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2;
SRI VENKATESH ARBATTI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
-39-
TO QUASHING THE ORDER DATED 02.11.2021 ISSUED BY
THE RESPONDENT NO.2 WHICH IS PRODUCED AND MARKED
AS ANNEXURE-A ETC.
IN WP NO.6664/2022
BETWEEN
1. SRI R. CHENDRASHEKARA
S/O LATE P. RAJU
AGED ABOUT 45 YEARS
R/AT "LAKSHMI NIVASA"
2ND CROSS, ANNA NAGAR
SHIMOGA-577 205.
2. SRI UMESH K. N.
S/O NAGAPPA
AGED ABOUT 49 YEARS
"BHAGYASHRI NILAYA"
III STAGE, 4TH CROSS,
VINOBHA NAGARA - 577 204
SHIMOGA.
3. SRI K. N. DEEPAK BABU
S/O K. NAGABHUSHANA
AGED ABOUT 40 YEARS
KMK BUILDING
DURGI MAIN ROAD
SHIMOGA - 577 201.
...PETITIONERS
(BY SRI NAGARAJAPPA A. ADVOCATE)
AND
1. SHIVAMOGGA - BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR, SHIVAMOGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
-40-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH IMPUGNED ORDER IN DATED 21.10.2021 1ST
PETITIONER IS CONCERNED, THE IMPUGNED ORDER
DATED 05.10.2021 2ND PETITIONER IS CONCERNED AND
THE IMPUGNED ORDER DATED 02.11.2021 3RD
PETITIONER IS CONCERNED ISSUED BY THE RESPONDENT
CANCELLING THE ALLOTMENT OF THE SCHEDULE
PROPERTY AT ANNEXURE-F, F1 AND F2
ETC.
IN WP NO.7541/2022
BETWEEN
1 . T. P. MALLIKARJUNA
S/O E. PARAMESHWARAPPA
AGED ABOUT 51 YEARS
R/O KALKERE VILLAGE AND POST
HOLALKERE TALUK - 577 531
CHITRDURGA DISTRICT.
2 . K. NIVEDITHA
W/O K. RAJU
AGED ABOUT 55 YEARS
R/O 'TAYI KRUPA'
H K ROAD, SHIRALAKOPPA - 577 428.
SHIVAMOGGA DISTRICT.
3 . P. RAGINI
W/O A. R. RAMESH
AGED ABOUT 47 YEARS
R/O 3RD CROSS
ANNANAGARA
SHIVAMOGGA - 577 205.
4 . B. PRABHAKAR SETTY
S/O LATE B. VEERAPPA SETTY
AGED ABOUT 67 YEARS
R/O NO.3626/1, 8TH MAIN
5TH CROSS, MCC B-BOCK
-41-
DAVANAGERE - 577 004.
5 . JOSEPH R. HONNALLI
S/O LATE RAJENDRA
AGED ABOUT 45 YEARS
R/O NO SF-5
'SNEHA APARTMENT'
SWAMY VIVEKANANDA EXTENSION
NEAR GOOD LUCK CIRCLE
SHIVAMOGGA - 577 205.
6 . M. N. SHIVASWAMY
S/O M. K. NAGARAJA
AGED ABOUT 47 YEARS
R/O H. NO 6, B BLOCK
POLICE QUARTERS
ASHOKA NAGARA
SHIVAMOGGA - 577 205.
7 . B. S. SUMA
D/O SHANKRAPPA GOWDA
AGED ABOUT 46 YEARS
R/O HONNUKUDIGE VILLAGE
SANAKADAHOLE POST
THIRTHAHALLI TALUK - 577 432
SHIVAMAOGA DISTRICT.
...PETITIONERS
(BY SRI S. V.PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
-42-
...RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 01.10.2021 SERVED
ON THE FIRST PETITIONER BY THE RESPONDENT NO.2
ANNEXURE-Q TO THE WRIT PETITION.
IN WP NO.7593/2022
BETWEEN
1. N. A. MADESH HEGDE
S/O N. L. ANNAIAH HEGDE
AGED ABOUT 65 YEARS
R/O BELLI NILAYA
E-278, E BLOCK
GOPALGOWDA EXTN
SHIVAMOGGA - 577 205.
2. L. C. INDIRA
W/O N. P. CHANDRASHEKAR
AGED ABOUT 49 YEARS
R/O SRI BALAJI PROVISIONS
OPP TO BASAVESHWARA TEMPLE
GANDHIBAZAR
SHIVAMOGGA - 577 202.
3. T. P. KALPANA
W/O BASAVARAJAPPA G. R
AGED ABOUT 46 YEARS
R/O NO.17, SRI VENKATESHWARA
NILAYA, 3RD CROSS
SHIVAPPANAYAKA LAYOUT
NEAR KALAHALLI WATER TANK
SHIVAMOGGA - 577 204.
4. THOLCHAND JAIN
S/O TARACHAND JAIN
-43-
AGED ABOUT 75 YEARS
R/O BHARATH STORES
B. H. ROAD
BHADRAVATHI - 577 301
SHIVAMOGGA DISTRICT.
5. SHRIDHARA K. H
AGED ABOUT 72 YEARS
S/O LATE SUBBARAO K. H
PRESENTLY R/A H NO 31
"SKANDA", 1ST 'A' CROSS
SILVER OAK STREET
PUTTENAHALLI EAST
J P NAGAR, 7TH PHASE
BENGALURU - 560 078.
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION ISSUED BY THE
RESPONDENT NO.2 ON THE PETITIONERS DATED
13.10.2021 PRODUCED AS ANNEXURE-M TO THE WRIT
PETITION AND ETC.
-44-
IN WP NO.7597/2022
BETWEEN
1 . K. K. ANUP PRASAD
S/O DR. K. S. KRISHNAPPA GOWDA
AGED ABOUT 57 YEARS
R/AT 'KRUSHI', E-78
2ND MAIN, GOPALAGOWDA EXTN
SHIVAMOGGA - 577 205.
2 . H. GEETHA
D/O HANUMANTHAPPA
GED 50 YEARS
R/AT 'RENUKA NILAYA'
BHARATIYA SABHA BHAVANA
RAJAMASIDI ROAD, RML NAGAR
SHIVAMOGGA - 577 201.
3 . M. RAMESH GHATIGE
S/O MANJAPPA. A
AGED ABOUT 60 YEARS
R/AT 'RENUKA NILAYA'
BHARATIYA SABHA BHAVANA
RAJAMASIDI ROAD, RML NAGAR
SHIVAMOGGA - 577 201.
4 . DORESWAMY G. R
S/O GOPI RANGASWAMY
AGED ABOUT 70 YEARS
R/O 'SUDEEP NILAYA', 1ST COSS
CHANNAPPA LAYOUT, S. M. CIRCLE
SHIVAMOGGA - 577 201.
5 . MAGANRAJ JAIN
S/O PUKHRAJ
AGED ABOUT 73 YEARS
R/O SUMAN TEXTILES, B. H. ROAD
BHADRAVATHI - 577 301
SHIVAMOGGA DISTRCT.
-45-
6 . HALESHAPPA H
S/O HALAPPA
AGED ABOUT 56 YEARS
R/O VENKTESHWARA NILAYA
S. S. GARAGE, 2ND CROSS
HOSAMANE
SHIVAMOGGA - 577 201.
7 . T. G. SURESHA
S/O T. R. GOPALAKRISHNA
AGED ABOUT 50 YEARS
R/O BEHIND CHAWAN ARTS
K. R. PURAM
SHIVAMOGGA - 577 202.
PRESENTLY R/AT FLAT NO.C8
AKSHAYA BUILDING
29TH WARD, 1ST CROSS
RAJIVANGARA
HOSAPETE - 583 201
VIJAYANGARA DISTRICT.
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577201
REP. BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
-46-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
13.10.2021 SERVED ON FIRST PETITIONER BY THE
RESPONDENT NO.2 VIDE ANNEXURE-Q AND ETC.
IN WP NO.7669/2022
BETWEEN
PURUSHOTHAM B. V
S/O LATE B. M. VENKATAIAH GOWDA
AGED ABOUT 72 YEARS
RETIRED ENGINEER
PRESENTLY R/AT H. NO.366
CAUVERY ROAD, 4TH CROSS,
UDAYANAGAR
BENGALURU - 560 016.
...PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
02.11.2021 SERVED ON THE PETITIONER BY THE SECOND
RESPONDENT PRODUCED AS ANNEXURE-F AND ETC.
-47-
IN WP NO.8216/2022
BETWEEN
1. Y. SURYAPRAKASH
S/O LATE Y. APPA RAO
AGED 46 YEARS
R/AT HOSAHALLI POST
HONNALI TALUK - 577 217
DAVANAGERE DISTRICT.
2. DR R. MANJUNATHA SWAMY
S/O A. D. RANGAPPA
AGED ABOUT 59 YEARS
R/O MIG - 95, C-BLOCK
2ND STAGE, KALAHALLI
VINOBHANAGARA
SHIVAMOGA - 577 204.
3. RAMYA K. K
W/O RAGHU S. S
AGED ABOUT 31 YEARS
R/O A-42, MOOKAMBIKA
1ST FLOOR, 16TH CROSS
60 FEET ROAD
VINOBHANAGARA
SHIVAMOGGA - 577 204.
4. N. ANAND RAO
S/O NARASIMHA RAO
AGED ABOUT 44 YEARS
R/AT NEAR CHANNAPPASWAMY MUTT,
KUMBARGUNDI
SHIVAMOGGA - 577 202.
5. KRISHNA
S/O ANNAIAH GOWDA
AGED ABOUT 50 YEARS
R/O BALEKOODLU VILLAGE
UNTOOR KATTE, KARIMARA POST
-48-
THIRTHAHALLI TALUK - 577 432
SHIVAMOGGA DISTRTICT.
6. K G NARASIMHA MURTHY
S/O GOVINDAIAH
AGED ABOUT 67 YEARS
R/O WARD NO.1, LAKSHMIPURA
BHADRAVATHI - 577 301
SHIVAMOGGA DISTRICT.
7. B. H. YOGANANDA
AGED ABOUT 53 YEARS
S/O LATE B. R. HANUMANTHAPPA
R/O 'SUYOGA NILAYA'
GURUPURA, JELLY MACHINE ROAD
VIDYANAGAR
SHIVAMOGGA - 577 201 ... PETITIONERS
(BY (BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER COMMUNICATION DATED
21.10.2021 SERVED ON THE PETITIONER NO.1 BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-S AND
ETC.
-49-
IN WP NO.8308/2022
BETWEEN
SRI S. B. SATHISH
AGED ABOUT 57 YEARS
S/O LATE S. C. BASAPPA
R/AT VANDE MATHARAM
GOWDA SARASWATHA
KALYANA MANDIRA ROAD
SHIVAMOGGA -577 202.
...PETITIONER
(BY SRI MUKKANNAPPA S. B. ADVOCATE)
AND
THE COMMISSIONER
SHIVAMOGGA - BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
VINOBANAGAR
SHIVAMOGGA - 577 201.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASHING THE IMPUGNED ORDER OF CANCELLATION
OF THE ALLOTMENT OF SITE DATED 29.10.2021 PASSED
BY THE RESPONDENT AT ANNEXURE-H TO THE WRIT
PETITION UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE AND ETC.
IN WP NO.8406/2022
BETWEEN
SRI WILLIAM ROSHAN QUADROS
S/O SRI S. J. DENNIS QUADROS
AGED ABOUT 46 YEARS
-50-
R/AT R. UMESH GUEST HOUSE
TUMKUR KUNIGAL ROAD
NEXT TO VARIN INTERNATIONAL
RESIDENTIAL SCHOOL, GULUR
TUMAKURU-572 118.
...PETITIONER
(BY SRI NEELAKANTAIAH, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS UNDER SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
DR.B.R.AMBEDKAR ROAD
BENGALURU - 560 001.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
REP. BY ITS COMMISSIONER
SHIVAMOGGA-577 204.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH ORDER DATED 18.10.2021 PASSED BY
RESPONDENT NO.2 VIDE ANNEXURE-A AND ETC.
IN WP NO.8831/2022
BETWEEN
1 . SMT. SUMAN
AGED ABOUT 54 YEARS
W/O SATHYANARAYANA
R/O 'DURGA' BASAVESHWARA
NAGARA, 1ST MAIN ROAD
4TH CROSS
-51-
SHIVAMOGGA - 577 204.
2 . SURENDRANATH M. C
AGED ABOUT 63 YEARS
S/O CHITRASEKHARAPPA. M
'BENAKA', 6TH CROSS, 1ST MAIN
ROAD, BASAVESHWARANAGARA
SHIVAMOGGA- 577 204.
3 . SRIDHAR G. SHET
AGED ABOUT 53 YEARS
S/O GANESH SHET
R/O THULAJABHAVANI STREET
BEHIND BOREWELL, 6TH CROSS
GANDHIBAZAAR
SHIVAMOGGA - 577 202.
4 . MANJAPPA. B
AGED ABOUT 64 YEARS
S/O BASAPPA
GUTHYAPPA COLONY, SAGAR ROAD
SHIVAMOGGA - 577 205.
5 . SMT A. T. ANITHA
AGED ABOUT 57 YEARS
W/O K. S. SATISHA
ASSISTANT TEACHER
SRI SHARADA DEVI RESIDENTIAL
SCHOOL FOR BLIND
ANUPINAKATTE ROAD
PARAMAHAMSANAGARA
GOPALA, SHIVAMOGGA - 577 205.
6 . T. P. NAGARAJA
AGED ABOUT 66 YEARS
S/O PUTTAIAH GOWDA
R/O NO. 24, 1ST STAGE
SHRYA LAYOUT
VINOBHANAGAR
SHIVAMOGGA - 577 202.
-52-
7 . K. BASAVARAJA
AGED ABOUT 62 YEARS
S/O KARIYAPPA
D 165, D BLOCK
4TH CROSS, 5TH MAIN
GOPALAGOWDA EXTENSION
SHIVAMOGGA - 577 201.
8 . D. G. RAMESH
AGED ABOUT 67 YEARS
S/O DH. GOVINDARAJU
R/O NANDANA 461/C HALAPPA
COMPOUND NEAR JAIL CIRCLE
SHIVAMOGGA - 577 202.
9 . D G SHEKAR
AGED ABOUT 54 YEARS
S/O D. H. GOVINDA RAJU
R/O PRANAVA, 461/C HALAPPA
COMPOUND NEAR JAIL CIRCLE
SHIVAMOGGA - 577 202.
...PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
-53-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
7.10.2021 SERVED ON THE PETITIONER NO.1 BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-S TO
THE WRIT PETITION AND ETC.
IN WP NO.9244/2022
BETWEEN
1 . NAGARAJ NAIK I. M.
S/O D. MANJA NAIK
AGED ABOUT 58 YEARS
WORKING AS DEPUTY CONSERVATOR OF
FOREST
WILD LIFE DIVISION
SHIVAMOGGA
R/A 'VISMAYA COMPLEX'
NEAR GUDALAK CIRCLE
SWAMY VIVEKANANDA BADAVANE
SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201.
2 . MOHAN I. M
S/O D. MANJA NAIK
AGED ABOUT 41 YEARS
R/A MARIKAMBA ROAD
HONNALI
C/O 'VISMAYA COMPLEX'
NEAR GUDALAK CIRCLE
SWAMY VIVEKANANDA BADAVANE
SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201.
...PETITIONERS
(BY SRI GIRISH B. N., ADVOCATE)
-54-
AND
1 . THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001.
2 . THE COMMISSIONER
SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DTD.
18.10.2021 SERVED ON THE PETITIONER NO.1 BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-F IN THE
WRIT PETITION AND COMMUNICATION DATED.
18.10.2021 SERVED ON THE PETITIONER NO.2 BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-G IN THE
WRIT PETITION AND ETC.
IN WP NO.9434/2022
BETWEEN
K. CHANDRASHEKAR
S/O KRISHNAPPA
AGED ABOUT 56 YEARS
R/O D.NO.326, 1ST CROSS
BASAVANAGUDI
OPPOSITE TO PWD
QUARTERS
SHIVAMOGGA - 577 201.
...PETITIONER
-55-
(BY SRI P. N. HARISH, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL ADMINISTRATION
AND LOCAL BODIES, VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA-BHADRAVATHI URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE RESPONDENT NO.2 DATED
02.11.2021 PASSED AS PER ANNEXURE-D TO THE WRIT
PETITION AND THEREBY DIRECT THE RESPONDENT NO.2
TO EXECUTE A REGISTERED SALE DEED IN FAVOUR OF
THE PETITIONER AT HIS COSTS AND EXPENSES WITH
RESPECT TO SITE BEARING NO.C-111 MEASURING 9*15
METERS SITUATED AT ATAL BIHARI VAJAPAYEE
(MALLIGENAHALLI) EXTENSION, SHIVAMOGGA ETC.
IN WP NO.10082/2022
BETWEEN
1. RAJESH M. R
AGED ABOUT 41 YEARS
S/O RAMAPPA GOWDA M. O
PRESENTLY R/AT 'NISARGA'
NEAR RAMA MANDIR
RANJADAKATTE
DOORVASAPURAM POST
THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT-577 432.
-56-
2. SMT ELIZABETH COLACO
AGED ABOUT 69 YEARS
W/O SYDNEY A V COLACO
R/O 'JAMES COTTAGE'
KASHIPURA VINOBHANAGAR
SHIVAMOGGA-577 204.
3. LAKSHMIPRABHA A P
AGED ABOUT 57 YEARS
W/O GOPINATH
R/O MIG -16 OLD HUDCO COLONY
KAARIYANNA BUILDING
SHIVAMOGGA-577 201.
4. RAMESH H M
AGED ABOUT 53 YEARS
AMBEDKARNAGAR
HOLEHONNUR POST
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 227.
5. D MANJAPPA
AGED ABOUT 53 YEARS
S/O DURGAPPA
R/O SRI GOWRI DURGA
NO.109, IV CROSS
GOPALAGOWDA EXTN, A BLOCK
SHIVAMOGGA DISTRICT-577 205.
6. SMT SHIVAJYOTHI H
W/O MANJUNATH
AGED ABOUT 46 YEARS
R/O D 152, III MAIN, II CROSS
GOPALA GOWDA EXTENSION
SHIVAMOGGA -577 205.
-57-
7. H. GAYATHRI SHASHIDAR
AGED ABOUT 55 YEARS
M. L. SATYANARAYANA SETTY
C/O H.N.SHASHIDARA
TILAK NAGARA, 2ND CROSS
SHIVAMOGGA - 577 201.
8. PREMA L. G. KUMAR
AGED ABOUT 55 YEARS
W/O L. G. KUMAR
R/O NO.660, R. M. R ROAD
TILAK NAGARA
SHIVAMOGGA - 577 201.
... PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER COMMUNICATION DATED
21.10.2021 SERVED ON THE FIRST PETITIONER BY THE
SECOND RESPONDENT PRODUCED AS PER ANNEXURE-S
TO THE WRIT PETITION AND ETC.
-58-
IN WP NO.10132/2022
BETWEEN
Y. R. BASAVARAJ
S/O LATE Y. R. RUDRAPPA
AGED ABOUT 67 YEARS
RETIRED HAVALDAR
R/AT 'MARULASIDDESHWARA NILAYA'
SHARAVATHINAGARA
SHIVAMOGGA - 577 201.
(THE PETITIONER HAS NOT CLAIMED THE
BENEFIT OF SENIOR CITIZENSHIP)
... PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
13.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-G TO THE
WRIT PETITION AND ETC.
-59-
IN WP NO.10293/2022
BETWEEN
SHAKILA JABEEN
D/O LATE MOHAMMED GHOUSE
W/O IDRIS SHARIEF
AGED ABOUT 63 YEARS
R/O 'BABY' 100 FEET ROAD
OPPOSITE TO BLOOD BANK
VINAYAKANAGARA
SHIVAMOGGA - 577 201.
(THE PETITIONER HAS NOT CLAIMED THE
BENEFIT OF SENIOR CITIZENSHIP)
... PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
02.11.2021 SERVED ON THE PETITIONER BY THE SECOND
RESPONDENT IN PRODUCED AS ANNEXURE-F TO THE
WRIT PETITION AND ETC.
-60-
IN WP NO. 10822/2022
BETWEEN
1. GAJENDRA. R
AGED ABOUT 46 YEARS
S/O RAMAKRISHNAPPA
BEHIND RANGANATHASWAMY TEMPLE
G.S.K.M. ROAD
SHIVAMOGGA DISTRICT - 577 202.
2. MADANLAL
AGED ABOUT 59 YEARS
S/O SHANTHILAL
R/O 'SUNDARASHANTHI NILAYA'
1ST FLOOR, GANDHI BAZAAR
SHIVAMOGGA - 577 202.
3. G. C. VENKATESH
AGED ABOUT 68 YEARS
S/O G. V. CHINNASWAMY
R/O NEAR KANNIKA TEMPLE
GANDHI BAZAR
SHIVAMOGGA - 577 202.
4. A.B.CHANDRASHEKARAPPA
AGED ABOUT 52 YEARS
LATE A.S.BASAVARAJAPPA
R/O SIDDESHWARANAGARA
CHIKKAL, 4TH MAIN ROAD
2ND CROSS, HOLEHONNURU ROAD
SHIVAMOGGA - 577 203.
5. LALITH KUMAR
AGED ABOUT 64 YEARS
S/O SHANTHILAL
R/O 'AMBIKA NILAYA'
1ST FLOOR, GHANDHI BAZAR
MAIN ROAD, SHIVAMOGGA - 577 202.
6. PARASMAL
SINCE DEAD BY LRS
SMT.VIMALA
AGED ABOUT 59 YEARS
-61-
W/O LATE PARASMAL
R/O 'SUNDARASHANTHI NILAYA'
2ND FLOOR, GANDHIBAZAR
SHIVAMOGGA - 577 202.
(THE PETITIONERS NO.3 AND 5 ARE NOT
CLAIMING BENEFIT UNDER SENIOR
CITIZENSHIP)
... PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
BY ITS COMMISSIONER .
...RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 21.10.2021 SERVED
ON THE FIRST PETITIONER BY THE SECOND RESPONDENT
NO.2 PRODUCED AS PER ANNEXURE-P TO THE WRIT
PETITION AND ETC.
IN WP NO.11788/2022
BETWEEN
SATEESH D. J
S/O JATHAPPA D.B.
AGED ABOUT 38 YEARS
L.I.G. 400 HUDCO COLONY
KALLAHALLI, VINOBANAGARA
-62-
SHIVAMOGGA - 577 204.
PRESENTLY AT D.E.15, MANDARTHIKRUPE
SWAMY VIVEKANANDA BADAVANE
GOPALA EXTENSION, BEHIND VIRUDDASHRAMA,
SHIVAMOGGA - 577 205.
...PETITIONER
(BY SRI PRAKASHA H. C., ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
01.10.2021 SERVED ON PETITIONER BY THE RESPONDENT
NO.2 PRODUCED HEREWITH AS ANNEXURE-E TO THE
WRIT PETITION AND ETC.
IN WP NO.11868/2022
BETWEEN
SHAILAKUMARI
W/O LATE K. V. KRISHNAMURTHY
AGED ABOUT 67 YEARS
R/AT 'AHARNISHI'
NEAR COUNTRY CLUB VIDYANAGARA
SHIVAMOGGA - 577 203.
-63-
... PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
21/18/16.10.2021 SERVED ON THE PETITIONER BY THE
SECOND RESPONDENT AS ANNEXURE-F TO THE WRIT
PETITION AND ETC.
IN WP NO.12159 /2022
BETWEEN
MR. K. PRAKASHRAV
S/O BABU RAV
AGED ABOUT 59 YEARS
R/AT HOUSE NO.292
'D'-BLOCK J.H.PATEL LAYOUT
VINOBHANAGAR
SHIVAMOGGA - 577 201
... PETITIONER
(BY SRI LOHITH M., ADVOCATE)
-64-
AND
1 . STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
MULTI STORED BUILDING
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001.
2 . THE COMMISSIONER
SHIVAMOGGA -BHADRAVATHI
URBAN DEVELOPMENT DEPARTMENT
VINOBHANAGAR
SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE CANCELLATION ORDER DATED 2.11.2021
PASSED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A
IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.
IN WP NO.13124/2022
BETWEEN
SRI H. S. DAMODHARA RAO
S/O H. K. SHANKAR RAO
AGED ABOUT 57 YEARS
R/AT KAMALA SHANKARA
LIG-121/A, II STAGE
KHB COLONY, GOPALA
SHIVAMOGGA - 577 205.
... PETITIONER
-65-
(BY SRI K. MANJUNATHA RAO BHONSLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA
BENGALURU - 560 001.
2. THE COMMISSIONER
SHIVAMOGGA -BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
VINOBHANAGAR
SHIVAMOGGA - 577 204.
3. THE KARNATAKA LOKAYUKTA
REP. BY ITS REGISTRAR
M. S. BUILDING
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2;
SRI VENKATESH ARBATTI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DATED 2.11.2021 VIDE
ANNEXURE-H PASSED BY THE RESPONDENT NO.2 AND
ETC.
IN WP NO.13351/2022
BETWEEN
SMT. ANURADHA H. N
W/O LATE G. B. UMESH RAO
AGEDA ABOUT 63 YEARS
R/AT VRUSHBADRI NILAYA
C-465, ATTAL BIHARI
-66-
VAJPAYEE LAYOUT
MALLIGENAHALLI SHIVAMOGGA - 577 205
... PETITIONER
(BY SRI.THARUN KUMAR, ADV.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN
DEVELOPMENT AND TOWN PLANNING
(BDA AND TOWN PLANNING )
M S BUILDING
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REP. BY SECRETARY.
2. SHIVAMOGGA BADRAVATHI
URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 204
REP. BY ITS PRESIDENT.
3. THE COMMISIONER
SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 204.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASHING THE ORDER DATED 02.11.2021 PASSED BY
THE RESPONDENT NO.3 PRODUCED AT ANNEXURE-A AND
ETC.
-67-
IN WP NO.13667/2022
BETWEEN
PRAFULLA S. SHETTY
W/O SHEKAR SHETTY,
AGED ABOUT 59 YEARS,
R/O H. KRISHNAMURTHY COMPOUND,
OLD THIRTHAHALLI ROAD,
SHIVAMOGGA-577 201.
...PETITIONERR
(BY SRI P. N. HARISH., ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL
BODIES, VIKASA SOUDHA,
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA - BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE RESPONDENT NO.2 DATED
08.10.2021 PRODUCED AS PER ANNEXURE-B TO THE
WRIT PETITION AND ETC.
-68-
IN WP NO.13733/2022
BETWEEN
SUMATHI S. SHETTY
D/O SHETTY B. B
W/O SUBHASH SHETTY
AGED ABOUT 53 YEARS
R/O NO.C-289 'KANAKA'
GOPALAGOWDA EXTENSION
SHIVAMOGGA - 577 205.
... PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION
AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA -577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE RESPONDENT NO.2 DATED
16.09.2021 PRODUCED AS PER ANNEXURE-B TO THE
WRIT PETITION AND ETC.
-69-
IN WP NO.14132/2022
BETWEEN
SMT. PARVATHI
W/O LATE SRINIVAS MURTHY. K
AGED ABOUT 45 YEARS
R/AT 3RD CROSS, MILAGATTHA
SHIVAMOGGA DISTRICT - 577 201.
... PETITIONER
(BY SRI MARUTHI G.B. ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
(SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 30.10.2021
ISSUED BY THE RESPONDENT VIDE ANNEXURE-A AND
ETC.
IN WP NO.14172/2022
BETWEEN
SUBASH SHETTY. S
S/O SEENAPPA SHETTY
AGED ABOUT 57 YEARS
R/O NO.C -289 KANAKA
GOPALAGOWDA
-70-
EXTENSION
SHIVAMOGGA - 577 205
... PETITIONER
(BY SRI P. N. HARISH, ADV.)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE RESPONDENT NO.2 DATED
16.09.2021 PRODUCED AS PER ANNEXURE-B TO THE
WRIT PETITION AND ETC.
IN WP NO.15575/2022
BETWEEN
YOGIRAJA
S/O LATE K. H. BASAVARAJAPPA
AGED ABOUT 54 YEARS
NON TEACHING STAFF
SAHYADRI SCIENCE COLLEGE
KUVEMPU UNIVERSITY
SHIVAMOGGA - 577 203.
-71-
... PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
8.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-F TO THE
WRIT PETITION ETC.
IN WP NO.15643/2022
BETWEEN
SWAPNA M. J
W/O SANDESH S. N
D/O LATE JAGADISH
AGED ABOUT 38 YEARS
R/O NADA NILAYA
SHIVAPPA NAYAKA LAYOUT
B-BLOCK, ALKOLA
SHIVAMOGGA - 577 204.
... PETITIONER
-72-
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
22.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-E TO THE
WRIT PETITION AND ETC.
IN WP NO.16608/2022
BETWEEN
1. KRISHNAMURTHY
S/O NARAYANASHET
AGED ABOUT 62 YEARS
R/O "VASUDEVA KRUPA"
NO.155, 3RD CROSS, ADARSHA COLONY
VINOBANAGARA
SHIVAMOGGA - 577 204.
2. C M GIRIJAMMA
W/O MANJAPPA
AGED ABOUT 58 YEARS
-73-
R/O 2ND CROSS, BHARATHI COLONY
BESIDE RANGANATHA NILAYA
SHIVAMOGGA
SHIVAMOGGA CITY - 577 201.
3. H MANJUNATHA
S/O HANUMANTHAPPA
AGED ABOUT 47 YEARS
R/O 5TH CROSS, GURUDEVA ROAD
N. T. ROAD
SHIVAMOGGA - 577 205.
4. SMT RADHAMANI. K
W/O RAVIKUMAR. S
AGED ABOUT 50 YEARS
C/O KUBERA NAIK
5TH CROSS, 2ND MAIN
A. R. B COLONY
ASHOKA NAGARA
SHIVAMOGGA - 577 201.
5. ZIAULLA. S
S/O ABDUL JALEEL SAB
AGED ABOUT 51 YEARS
R/O LASHKAR MOHALLA
JAYAMMA COMPOUND
ALEMANKERI
SHIVAMOGGA - 577 202.
6. SHEELAVANTHA HOSAMANI
S/O SANNABALAPPA HOSAMANI
AGED ABOUT 48 YEARS
R/O "MANJUSHREE NILAYA"
NO.42, 2ND CROSS
2ND STAGE
VINOBANAGARA
SHIVAMOGGA - 577 204.
7. C. CHANDRASHEKARA
S/O CHIKKANANJAPPA
-74-
AGED ABOUT 50 YEARS
R/O "LAKSHMI VENKATESHWARA NILAYA"
10TH CROSS, 60 FT ROAD
VINOBANAGARA
SHIVAMOGGA - 577 204.
8. SMT LATHA V
W/O DEV MANOJ KHIVSARE
AGED ABOUT 44 YEARS
C/O MARUTHI MEDICALS
C. N. ROAD
BHADRAVATHI
SHIVAMOGGA DISTRICT - 577 301.
9. SMT C. UMA
W/O H. B. CHANDRASHEKAR
AGED ABOUT 45 YEARS
R/O BASAVA JAYA NILAYA
NO.118, 2ND CROSS
VINOBANAGARA 2ND STAGE
SHIVAMOGGA - 577 204.
10 . SMT G. PRIYA NAYAKA
D/O GOVINDAPPA G
AGED ABOUT 34 YEARS
R/O JEEVAN SANGATI NILAYA
IST CROSS, SOMAYAIAH LAYOUT
SHANKARMUT ROAD
SHIVAMOGGA - 577 201.
... PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
-75-
2 . SHIVAMOGGA
URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED.
29.10.2021 SERVED ON THE PETITIONER NO.1 BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-AA TO
THE WRIT PETITION AND ETC.
IN WP NO.17069/2022
BETWEEN
1. SRI D. LAKSHMIPATHINAIK
AGED ABOUT 66 YEARS
S/O A. S. DUDYANAIK
R/O AYANURU POST
SHIVAMOGGA DISTICT - 577 211.
2. SMT. RUKMINIBAIK K
AGED ABOUT 62 YEARS
R/O NO.275, 'C' BLOCK
12TH CROSS, GOPALAGOWDA EXTENSION
SHIVAMOGGA DISTRICT - 577 205.
3. SRIMANJUNATH M. R
AGED ABOUT 55 YEARS
S/O RAMAKRISHNA HEGDE
C/O MEGARAVALLI, THIRTHAHALLI TALUK
SHIVAMOGGA DISTRICT - 577 432.
-76-
4. SMT. SUSHEELA. H
AGED ABOUT 57 YEARS
W/O YAMUNAPPA. H
C/O F-24, SPATHIKA
6TH MAIN ROAD
GOPALAGOWDA BADAVANE
SHIVAMOGGA - 577 205.
5. SRI K. T. THIMMAPPA
AGED ABOUT 69 YEARS
S/O K. THIMMAPPA
C/O H. NO. 81(A)
NEAR S.B.M GOPALAGOWDA EXTENSION
SHIVAMOGGA - 577 205.
6. SRI R. SHIVARUDRAPPA
AGED ABOUT 65 YEARS
S/O L. N. RAMAPPA
C/O S. S. DEELIPKUMAR, NO. 127
SRI INDIRGANDHIBADAVANE
NEAR ARUNODAYA SCHOOL
NAVULE
SHIVAMOGGA - 577 204.
7. B. T. KANTHARAJ
AGED ABOUT 59 YEARS
S/O B. THIMMAIAH GOWDA
R /O PWD QUARTERS, BASAVANAGUDI
SHIVAMOGGA - 577 202.
8. SMT. ARUNA H. S
AGED ABOUT 52 YEARS
W/O VENKATESH
C/O 1ST CROSS, BAPUJINAGARA
SHIVAMOGGA DISTRICT - 577 201.
9. SRI H. SRINIVASARABHU
AGED ABOUT 81 YEARS
S/O UPENDRAPRABHU
"LAKSHMINARASIMHA"
-77-
SRIDHARA COMPOUND
HANUMANTHAPPA BADAVANE
KASHIPURA
SHIVAMOGGA - 577 204.
10 . SRI VENKATESH K. P.
AGED ABOUT 56 YEARS
S/O PAPAIAH GOWDA
C/O 1ST CROSS, BAPUJINAGARA
SHIVAMOGGA - 577 204.
... PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA URBAN
DEVELOPMENT DEPARMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSINER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
22.10.2021 PRODUCED AS PER ANNEXRUE-AA TO THE
WRIT PETITION AND ETC.
IN WP NO.17183/2022
BETWEEN
SUBRAMANYA K. L
-78-
AGED ABOUT 59 YEARS
S/O LAKSHMI NARAYAN RAO
R/AT NO. 179, VINAYAKA LAYOUT
JNANABHARATHI (P)
BENGALURU-560 017.
... PETITIONER
(BY SRI ANOOP HARANAHALLI, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA-577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTICE DATED 02.11.2021 ISSUED BY
RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE PROPERTY VIDE ANNEXURE-A AND ETC.
IN WP NO. 18527/2022
BETWEEN
ROOPA SASTRY
WIFE OF S. ANANTHASASTRY
AGED ABOUT 54 YEARS
R/AT NO. 770, B.B. STREET
SHIVAMOGGA - 577 202
PRESENTLY R/AT F-19, 7TH A MAIN
NEAR RAMAKRISHNA RESIDENTIAL SCHOOL
GOPALA
SHIVAMOGGA - 577 205
... PETITIONER
-79-
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT
DEPARTMENT VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
08.10.2021 PASSED BY THE RESPONDENT NO.2
CANCELLING THE ALLOTMENT OF SITE BEARING NO.E-108
MEASURING 9 METERS X 12 METERS SITUATED AT ATAL
BIHARI VAJPAYEE (MALLIGENAHALLI) LAYOUT,
SHIVAMOGGA CITY PRODUCED AS ANNEXURE-C TO THE
WRIT PETITION AND ETC.
IN WP NO. 18541/2022
BETWEEN
MALA
WIFE OF T.D. SEETHARAM
AGED ABOUT 48 YEARS
R/AT SRI VASUDEVA NILAYA
7TH CROSS, N.T. ROAD
SHIVAMOGGA - 577 202.
... PETITIONER
-80-
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT
DEPARTMENT VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
02.11.2021 PASSED BY THE R2 CANCELLING THE
ALLOTMENT OF SITE BEARING NO.E-361 MEASURING 6
METERSX9 METERS SITUATED AT ATAL BIHARI VAJPAYEE
(MALLIGENAHALLI)LAYOUT,SHIVAMOGGA CITY PRODUCED
AS ANNEXURE-F TO THE WRIT PETITION AND ETC.
IN WP NO. 18699/2022
BETWEEN
HALESHAPPA
S/O HANUMAPPA
AGED ABOUT 55 YEARS
R/AT 2ND CROSS
MARNAVAMI BYLE
J. C. NAGARA, N. T. ROAD
SHIVAMOGGA-577 202.
... PETITIONER
-81-
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT
DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
29.10.2021 PASSED BY THE R2 CANCELLING THE
ALLOTMENT OF SITE BEARING NO.E-199 MEASURING 9
METERSX12 METERS SITUATED AT ATAL BIHARI VAJPAYEE
(MALLIGENAHALLI) LAYOUT,SHIVAMOGGA CITY
PRODUCED AS ANNEXURE-F TO THE WRIT PETITION AND
ETC.
IN WP NO. 19219/2022
BETWEEN
1 . SMT. B. S. BHAVANI
AGED ABOUT 51 YEARS
W/O B. K. SHRINATHA
R/O NO. 25, T. K. ROAD,
MADHAVA NAGARA, OLD TOWN
BHADRAVATHI
SHIVAMOGGA DISTRICT-577 301.
-82-
2 . D. M. RAGHAVENDRA
AGED ABOUT 47 YEARS
S/O D. MAHARUDRAPPA
R/O ANWERAPPANA STREET
3RD CROSS, GANDHI BAZAR
SHIVAMOGGA, DODDAPETE
SHIVAMOGGA - 577 202.
3 . SMT. SUNITHA S
AGED ABOUT 43 YEARS
W/O ANNAPPA K. V
R/O NO. 52-1, "LAKSHMINIVASA"
2ND CROSS, PANCHAVATHI COLONY
SHIVAMOGGA - 577 202.
... PETITIONERS
(BY SRI RAJENDRA S., ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT
DEPARTMENT VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
07.10.2021 PASSED BY THE RESPONDENT NO.2
-83-
PRODUCED AS PER ANNEXURE-M TO THE WRIT PETITION
AND ETC.
IN WP NO. 19506/2022
BETWEEN
SRI THIPESWAMY. O
S/O OBALAPPA
AGED ABOUT 72 YEARS,
R/AT SRI MATAPITRA KRUPA NAVALAPPA
LAYOUT, KRISHINAGAR
SHIVAMOGGA -577 205
... PETITIONER
(BY SRI PRASHANTH G., ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI
URBAN DEVELOPMENT
AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTICE DATED 30.10.2021 ISSUED BY
THE RESPONDENT CANCELLING THE ALLOTMENT OF THE
SCHEDULE PROPERTY AT ANNEXURE-A AND ETC.
IN WP NO.19544/2022
BETWEEN
SRI B. R. SHIVAKUMAR
AGED ABOUT 56 YEARS
S/O M. C. REVAIAH
-84-
P. C. PRESS TARIKERE ROAD
BHADRAVATHI - 577 301
SHVIAMOGGA DISTRICT.
... PETITIONER
(BY SRI RAJENDRA S. ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT AUTHROITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER/COMMUNICATION DATED.26.10.2021
SERVED ON THE PETITIONER BY THE R-2 PRODUCED AS
PER ANNEXURE-E TO THE WRIT PETITION AND ETC.
IN WP NO.20125/2022
BETWEEN
SRI C. V. RAMAKRISHNA
S/O C. K. VENKOBRAO
AGED ABOUT 53 YEARS
R/O ASHIRVADA, 3RD CROSS
JAGADAMBA BEEDI, VIDYANAGARA
SHIVAMOGGA-577203.
... PETITIONER
(BY SRI PAVAN KUMAR G., ADVOCATE)
-85-
AND
1 . STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001.
2 . SHIVAMOGGA URBAN DEVELOPMENT
BY ITS COMMISSIONER
SHIVAMOGGA-577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 18.10.2021 PASSED BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-G AND ETC.
IN WP NO.21539/2022
BETWEEN
SRI H. S. VIJAYA
S/O H. H. SHEKARAPPA
AGED ABOUT 59 YEARS
WORKING AS SUPERINTENDENT
KUVEMPU UNIVERSITY
JNANA SAHYADRI, SHANKARAGHATTA
BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT
R/AT GIRIJASHREE
3RD CROSS, VIDYANAGAR
SHIVAMOGGA-577 203.
... PETITIONER
(BY SRI SAMUEL S. DANDIN, ADVOCATE)
-86-
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY
SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED 07-10-
2021 ISSUED BY THE RESPONDENT NO.2 CANCELLING
THE ALLOTMENT OF SITE ALLOTTED HIM ATALBIHAR
VAJPAYEE (MALLIGENAHALI) LAYOUT/EXTENSION
PRODUCED AS PER ANNEXURE-N TO THE WRIT PETITION
AND ETC.
IN WP NO.22388/2022
BETWEEN
SMT. C. MANJULA
W/O. H. HANUMAPPA
AGED ABOUT 57 YEARS
"LAKSHMI", 3RD CROSS
MEDARAKERI, VINOBANAGARA
SHIVAMOGGA-577 201.
... PETITIONER
-87-
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 22.10.2021 OF
THE SHIVAMOGGA BHADRAVATHI URBAN DEVELOPMENT
AUTHORITY-THE RESPONDENT, AS PER ANNEXURE-A FOR
THE ABOVE STATED REASONS AND ETC.
IN WP NO.22413/2022
BETWEEN
SRI T. SAYESHA
S/O THIMMEGOWDA
AGED ABOUT 57 YEARS
NO.A-35, ANNAPURNESHWARI NILAYA
SWAMY VIVEKANANDA LAYOUT
"A" BLOCK
SHIVAMOGGA-577 201.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI
URBAN DEVELOPMENT
AUTHORITY (SUDA)
-88-
VINOBHA NAGAR
SHIVAMOGGA -577 204
REP BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 01.10.2021 OF
THE SHIVAMOGGA BHADRAVATHI URBAN DEVELOPMENT
AUTHORITY-THE RESPONDENT, AS PER ANNEXURE A FOR
THE ABOVE STATED REASONS AND ETC.
IN WP NO.22475/2022
BETWEEN
SMT. N. T. DHANALAKSHMI
W/O LATE SEBASTIAN
AGED ABOUT 59 YEARS
NO A -262, A-BLOCK
11TH CROSS, 9TH MAIN
GOPALAGOWDA LAYOUT
SHIVAMOGGA - 577 205
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
-89-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 01.10.2021 OF
THE SHIVAMOGGA BHADRAVATHI URBAN DEVELOPMENT
AUTHORITY -THE RESPONDENT, AS PER ANNEXURE A FOR
THE ABOVE STATED REASONS AND ETC.
IN WP NO.22479/2022
BETWEEN
SMT. SUSHEELAMMA
W/O. G. K. CHANDRASHEKHARAPPA
AGED ABOUT 74 YEARS
VINOBANAGARA, 3RD CROSS
LAKSHMI MEDARAKERI
SHIVAMOGGA-577 204.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER OR DIRECTION AS THE CASE MAY AND QUASH
THE IMPUGNED ORDER DATED 25.10.2021 OF THE
SHIVAMOGGA BHADRAVATI URBAN DEVELOPMENT
AUTHORITY-THE RESPONDENT, AS PER ANNEXURE-A FOR
THE ABOVE STATED REASONS AND ETC.
-90-
IN WP NO.22494/2022
BETWEEN
SMT. H. LAKSHMI
D/O HANUMAPPA
AGED ABOUT 36 YEARS
"LAKSHMI", 3RD CROSS
MEDARAKERI, VINOBHANAGARA
SHIVAMOGGA - 577 201.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHANAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 18.10.2021 OF
THE SHIVAMOGGA BHADRAVATI URBAN DEVELOPMENT
AUTHORITY-THE RESPONDENT, AS PER ANNEXURE-A FOR
THE ABOVE STATED REASONS AND ETC.
IN WP NO.22869/2022
BETWEEN
SMT SARASWATHI S. G
AGED ABOUT 48 YEARS
W/O RAJESH B. V. R/O NO.50
HOYSALA NILAYA JYOTHINAGARA
-91-
KEB LAYOUT SAVALANGA ROAD
SHIVAMOGGA - 577 204.
... PETITIONER
(BY SRI RAJENDRA S., ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA, BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
22.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 VIDE ANNEXURE-E AND ETC.
IN WP NO.23031/2022
BETWEEN
SRI V. G. LOKESHA
AGED ABOUT 56 YEARS,
S/O LATE G. BASAVARAJAPPA
R/O NO.72, 1ST CROSS
SOMAIAH LAYOUT, OPP MYTRI MOTORS
SHIVAMOGGA DISTRICT - 577 202.
... PETITIONER
-92-
(BY SRI RAJENDRA S. ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT VIKASA
SOUDHA, BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
26.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-E TO
THE WRIT PETITION AND ETC.
IN WP NO.24460/2022
BETWEEN
SMT. SHYLAJA
W/O MANJUNATH. M
AGED ABOUT 52 YEARS
R/AT AARABHI
NANDAYAPPA LAYOUT
RATHNAKARA NAGARA
MATHOD ROAD
SHIMOGA-577 216.
... PETITIONER
(BY SRI SHRIDHARA K., ADVOCATE)
-93-
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BANGALORE-560 001
REP. BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ORDER/COMMUNICATION DATED 21.10.2021 SERVED ON
THE PETITIONER BY THE RESPONDENT NO.2 PRODUCED
AS PER ANNEXURE-C TO THE WRIT PETITION AND ETC.
IN WP NO.25282/2022
BETWEEN
C. S. ESHA
S/O SIDDE GOWDA
AGED ABOUT 46 YAERS
CHIKKAGOUJA VILLAGE
HIRE GOUJA POST
CHIKKAMAGALORE
PHONE 9448782525.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
-94-
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR, SHIVAMOGGA - 577 204
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 02.11.2021 OF
THE SHIVAMOGGA BHADRAVATHI URBAN DEVELOPMENT
AUTHORITY- THE RESPONDENT, AS PER ANNEXURE-A FOR
THE ABOVE STATED REASONS AND ETC.
IN WP NO.25547/2022
BETWEEN
SMT. LAKSHMAMMA
AGED ABOUT 54 YEARS
W/O NARASIMHAIAH
R/O "SHIVANUGRAHA NILAYA"
1ST CROSS, JPN NAGARA
MASJID ROAD, DROWPADAMMA
CIRCLE, GOPALA
SHIVAMOGGA CITY-577205.
... PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
-95-
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA-577201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
22.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-E TO
THE WRIT PETITION AND ETC.
IN WP NO.25598/2022
BETWEEN
SMT. NANDITHA
AGED ABOUT 44 YEARS
W/O SHRIHARSHA
D/O LATE NAVANEETHA
R/O NO.20, 20TH MAIN, 19TH CROSS
SMS LAYOUT, J P NAGAR 5TH PHASE
BENGALURU-560 078.
... PETITIONER
(BY SRI RAJENDRA S. ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
-96-
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 07.10.2021 SERVED
ON THE PETITIONER BY THE RESPONDENT NO.2
PRODUCED AS PER ANNEXURE-F TO THE WRIT PETITION
AND ETC.
IN WP NO.58/2023
BETWEEN
1. SRI B. V. CHANDRASHEKAR
AGED ABOUT 70 YEARS
S/O VENKATAIAHGOWDA
R/O AGRAHARA MAIN ROAD
OPP P.C.L.D. BANK
N.R.PURA - 577 134.
2. SRI D. L. LAKSHMANAGOWDA
AGED ABOUT 72 YEARS
S/O LINGANNAGOWDA
S/O M. B. JAYACHANDRA HEGDE
NO.151, 1ST STAGE, 2ND BLOCK
VINOBANAGARA
SHIVAMOGGA DISTRICT - 577 204.
3. SRI P. LAKSHMANA
AGED ABOUT 61 YEARS
S/O PUTTAIAH
-97-
C/O MANGALA NILAYA
BYPASS ROAD, NILAMBIKE ROAD
6TH CROSS, KALYANA NAGARA
CHIKKAMAGALURU DISTRICT-577 102.
4. SMT. YASHODHABAI H. N
AGED ABOUT 53 YEARS
D/O L. NAGA NAIK
R/O GOVERNMENT S.J.POLYTECHNIC
BENGALURU - 560 001.
5. H. C. PRASHANTH
AGED ABOUT 46 YEARS
S/O CHANDRAPPA SETTY
C/O NO.63, 2ND CROSS, VENKATESHA
NAGARA, ANK ROAD
SHIVAMOGGA DISTRICT - 577 201.
6. A. N.GANESH
AGED ABOUT 39 YEARS
S/O NANJUNDEGOWDA
C/O GANGAMMA
SANTEKADUR
SHIVAMOGGA - 577 222.
7. SMT. THIPPAMMA
AGED ABOUT 84 YEARS
W/O LATE LAXMIPATHAIAH
R/O NO.376, KHADI KRUPA
2ND STAGE, VINOBANAGARA
SHIVAMOGGA-577 204.
8. SMT. CHAYA M
AGED ABOUT 42 YEARS
D/O LATE MOTLA NAIK
R/O NO.197, "MATHRUSHREE NILAYA"
4TH MAIN, 4TH CROSS SAHYADRINAGARA,
SOMINAKOPPA ROAD
SHIVAMOGGA-577 204.
-98-
9. SAMRAT M. R
AGED ABOUT 49 YEARS
S/O LATE B.RAMAPPA
C/O 3RD CROSS
SHARAVATHI NAGARA
SHIVAMOGGA-577 201.
10 . KAMAL CHAVAN. S
AGED ABOUT 47 YEARS
S/O LATE SHIVAJIRAO. C
R/O RENUKA NILAYA
BEHIND KARTHIK TRADERS
B.H.ROAD, SHIVAMOGGA - 577 203.
11 . SMT. M. B. SATHIDEVI
AGED ABOUT 80 YEARS
W/O LATE V. G. RAMAPPAGOWDA
H.NO.212, 1ST CROSS
VINOBHANAGARA
SHIVAMOGGA-577 204.
12 . SRI RAMESH B. K.,
AGED ABOUT 46 YEARS
S/O BASAPPA
R/O NO.53, 5TH CROSS
3RD STAGE, VINOBHANAGARA
SHIVAMOGGA-577 204.
... PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN DEVELOPMENT
-99-
AUTHORITY, SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 21.10.2021 SERVED
ON THE PETITIONER NO.1 BY THE RESPONDENT NO.2
PRODUCED AS PER ANNEXURE-AJ TO THE WRIT PETITION
AND ETC.
IN WP NO.273/2023
BETWEEN
SRI Y. S. RAMESHA
S/O K. S. SRINIVASA GOWDA
AGED ABOUT 48 YEARS
VEERABHADRESHWARA NILAYA
1ST PARALLEL ROAD
DURGI GUDI, SHIVAMOGGA - 577 201.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBA NAGAR
SHIMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
-100-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH ANNEXURE-A DATED 30.10.2021 OF THE
RESPONDENT AND ETC.
IN WP NO.827/2023
BETWEEN
SRI R. ANJANEYA
AGED ABOUT 75 YEARS
S/O RANGASWAMANNA
PRESENTLY R/AT H. NO.20/1
NISARAGA, 24TH MAIN
JP NAGARA, 2ND STAGE
MYSURU - 570 008.
... PETITIONER
(BY SRI RAJENDRA S., ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R. AGA FOR R1
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
22.10.2021 SERVED ON THE PETITIONER BY THE
-101-
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-E TO
THE WRIT PETITION AND ETC.
IN WP NO.921/2023
BETWEEN
SMT. SARASWATHI
AGED ABOUT 51 YEARS
W/O H. MURTHY
R/O MANIKANTA BACKSIDE
NEAR PANDURANGA TEMPLE
SHARAVATHINAGAR
SHIVAMOGGA - 577 201.
... PETITIONER
(BY SRI RAJENDRA S., ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 08.10.2021 SERVE
ON THE PETITIONER BY THE RESPONDENT NO.2
PRODUCED AS PER ANNEXURE-E TO THE WRIT PETITION
AND ETC.
-102-
IN WP NO.1858/2023
BETWEEN
SRI N. S. JAGADEESH
S/O SHESHAPPA GOWDA
AGED ABOUT 48 YEARS
K M K BUILDING
DURGIGUDI MAIN ROAD
THIRTAHALLI TALUK
SAVALANG ROAD, SHIVAMOGGA - 577 204.
... PETITIONER
(BY SRI NAGARAJAPPA A., ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR, SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER DATED 21/10/2021
ISSUED BY THE RESPONDENT CANCELLING THE
ALLOTMENT OF THE SCHEDULE PROPERTY AT ANNEXURE-
E AND ETC.
IN WP NO.1962/2023
BETWEEN
SMT. B. NAGARATHNA
AGED ABOUT 63 YEARS
D/O BASAVANAPPA GOWDA
R/AT B. D. K. RAO COMPOUND
-103-
5TH CROSS, BASAVANAGUDI
SHIVAMOGGA - 577 104.
... PETITIONER
(BY SRI MUNISWAMY GOWDA S. G., ADVOCATE)
AND
1 . STATE OF KARNATAKA
REP. BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001.
2 . SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
VINOBHANAAR
SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER/COMMUNICATION DATED 02/11/2021
SERVED ON THE PETITIONER BY THE RESPONDENT NO.2
PRODUCED AS ANNEXURE-E TO THE WRIT PETITION AND
ETC.
IN WP NO.2142/2023
BETWEEN
1. SRI SRIHARI. D
AGED ABOUT 19 YEARS
S/O DINESH. S
C/O SHANKAR RAO
NARASIMHA BADAVANE
2ND STAGE, 4TH CROSS
-104-
VINOBHANAGAR
SHIVAMOGGA - 577 202.
2. SMT. MALATHI J. PAI
AGED ABOUT 57 YEARS
W/O JANARDHAN PAI
R/O SINGDHA, 1ST MAIN
5TH CROSS, BASAVESHWARA NAGARA
SHIVAMOGGA - 577 204.
3. SMT. SRIDEVI HOSAMANI
AGED ABOUT 44 YEARS
D/O SANNABALAPPA HOSAMANI
R/O HEAD POST OFFICE
OPP HPC
SHIVAMOGGA - 577 201.
4. SRI K. R. VIJAYAKUMAR
AGED ABOUT 45 YEARS
S/O K. N. RAVIKUMAR
C/O 1ST CROSS, VIDYANAGARA
OPP SAHYADRI COLLEGE
SHIVAMOGGA - 577 203.
5. SMT. JAYALAXMI
AGED ABOUT 66 YEARS
W/O T. M. SATYANARAYANA RAO
SRI MALATESHA KRUPA
AGASARA KERI, NO. 99/4
5TH CROSS, GANDHI BAZAR
SHIVAMOGGA - 577 202.
6. SRI L. RUDRESH
AGED ABOUT 57 YEARS
S/O LATE LOKAPPA
R/O YALAKAPPANAKERI
SHIVAMOGGA - 577 202.
7. SRI MAHADEVA
AGED ABOUT 51 YEARS
-105-
NIRMALA SADANA
S/O VEERABHADRAPPA
R/O NEAR NALANDA SCHOOL
GOPALA, SHIVAMOGGA - 577 205.
8. SMT. KALPANA ARUN
AGED ABOUT 47 YEARS
W/O ARUN KUMAR. S. M.
R/O 1ST MAIN ROAD
5TH CROSS, KULADEEPA NILAYA
VINOBHANAGARA
SHIVAMOGGA - 577 201.
9. SRI M. S. MOHAN SINGH
AGED ABOUT 60 YEARS
S/O LATE SHIVARAM SINGH
1ST CROSS, CHINNAPPA LAYOUT
SHIVAMOGGA - 577 201.
PRESENTLY RESIDING AT
NO. 4648, RAJPOOTH BLOCK
2ND CROSS, N.R. MOHALLA
OPP SBI BANK
SHIVAJI ROAD
MYSURU - 570 007.
10 . SRI VISHNUMURTHY. K
AGED ABOUT 69 YEARS
S/O KRISHNAPPA
R/O 4TH CROSS, ACHUTA RAO LAYOUT
SHIVAMOGGA - 577 204.
11 . SRI NAGARAJA. M
AGED ABOUT 58 YEARS
S/O MANCHAPPA
R/O MARIDASANA, NO.B-40
B BLOCK, SWAMIVIVEKANANDA
EXTENSION, (GADIKOPPA)
SHIVAMOGGA - 577 205.
-106-
12 . SRI K. SHANTHAPPA
AGED ABOUT 62 YEARS
S/O HANUMANTHAPPA
R/O EB-39, JPS COLONY
PAPER TOWN, BHADRAVATHI
SHIVAMOGGA DISTRICT-577 302.
13 . SRI GOPALA H. G
AGED ABOUT 49 YEARS
S/O LATE GANAPATHI
R/O H. NO. 29, 2ND STAGE
KHB COLONY
NEAR GANAPATHI TEMPLE GOPALA
SHIVAMOGGA CITY - 577 201.
... PETITIONERS
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1 . STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 27.10.2021 SERVED
ON THE PETITIONER NO.1 BY THE RESPONDENT NO.2
PRODUCED AS PER ANNEXURE-AD TO THE WRIT PETITION
AND ETC.
-107-
IN WP NO.4199/2023
BETWEEN
SMT. MANJULA
AGED ABOUT 42 YEARS
W/O B. T. NAIK
R/O "VENKATESHWARA NILAYA"
2ND CROSS, BEHIND SP OFFICE
ASHOK NAGAR, SHIVAMOGGA-577 201.
... PETITIONER
(BY SRI RAJENDRA S. ADVOCATE)
AND
1 . STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, BENGALURU-560 001
BY ITS PRINCIPAL SECRETARY.
2 . SHIVAMOGGA-BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
(SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY, SHIVAMOGGA-577 201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 29.10.2021 SERVED
ON THE PETITIONER BY THE RESPONDENT NO.2
PRODUCED AS PER ANNEXURE-E TO THE WRIT PETITION
AND ETC.
-108-
IN WP NO.5265/2023
BETWEEN
SRI SUNDRESHA H. C
AGED ABOUT 52 YARS
S/O CHANNAPPA GOWDA
R/O C-331, 10TH CROSS,
GOPALAGOWDA EXTENSION,
SHIVAMOGGA DISTRICT-577 205
... PETITIONER
(BY SRI RAJENDRA S. ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA-BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
(SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY)
SHIVAMOGGA-577201
BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER /COMMUNICATION DATED
30.10.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-E TO
THE WRIT PETITION AND ETC.
-109-
IN WP NO.6373/2023
BETWEEN
SRI RAJESH N. KUNCHITABETTU
S/O K. NARAYANA RAO
AGED ABOUT 59 YEARS
FORMERLY RESIDING AT C-289, KANAKA
GOPALA GOWDA EXTENSION AND NOW
RESIDING AT NO.288, II MAIN
BEHIND AVALAHALLI BDA PARK
GIRINAGARA, BENGALURU-560 085.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER ANNEXURE-A DATED
26.10.2021 ISSUED BY THE RESPONDENT AUTHORITY
FOR THE ABOVE SAID REASONS AND ETC.
IN WP NO.6475/2023
BETWEEN
SMT. R. USHA
W/O SHANMUKA RAJU
AGED ABOUT 36 YEARS
-110-
FORMERLY R/AT C/O NANJUNADA ACHAR
DURGAMMANA KERI, HALE PURADALU ROAD
GADIKOPPA, SHIMOGGA AND AT PRESENTLY
R/AT KARTHIKA NILAYA, 1 STAGE
7TH CROSS, VINOBA NAGAR
SHIMOGGA - 577 204.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTICE ANNEXURE-A DATED 01/10/2021
ISSUED BY RESPONDENT- AUTHORITY FOR ABOVE
STATED REASONS AND ETC.
IN WP NO.7138/2023
BETWEEN
SRI GANESH
S/O BALAIAH. G
AGED ABOUT 63 YEARS
R/AT PANCHAVATI COLONY
II CROSS, SHIMOGGA CITY - 577 201
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
-111-
AND
SHIMOGGA-BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
VINOBANAGAR
SHIMOGGA - 577 204
BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER OR DIRECTION TO THE RESPONDENT AND
QUASH THE IMPUGNED ORDER ANNEXURE A DATED
29.10.2021 ISSUED BY RESPONDENT AUTHORITY FOR
THE ABOVE SAID REASONS AND ETC.
IN WP NO.7653/2023
BETWEEN
MOHAMED IQBAL. M
S/O MOHAMMED MUSTAFA
AGED ABOUT 62 YEARS
R/A. 'NASEEM MANZIL'
HOLENONNUR ROAD
INDIRANAGARA, BHADRAVATHI
SHIVAMOGGA DISTRICT - 577 301.
... PETITIONER
(BY SRI DILIP KUMAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001.
-112-
2. SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
(SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY)
REP. BY ITS COMMISSIONER
SHIVAMOGGA - 577 201.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 02.11.2021 PASSED BY THE
RESPONDENT NO.2 PRODUCED AS ANNEXURE-F AND ETC.
IN WP NO. 7821/2023
BETWEEN
NITYANANDA R. VAIDYA
AGED ABOUT 60 YEARS
S/O LATE RAMACHANDRA VAIDYA
PRESENTLY RESIDING AT AMMA BUILDING
2ND CROSS, VIVEKANANDANAGARA
SIRSI, UTTARA KANNADA DISTRICT - 581 402
... PETITIONER
(BY SRI S. V. PRAKASH, ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY
(SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY)
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
-113-
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER DATED 30.10.2021 SERVED ON THE
PETITIONER BY THE SECOND RESPONDENT PRODUCED AS
PER ANNEXURE-F TO THE WRIT PETITION AND ETC.
IN WP NO.8044/2023
BETWEEN
SMT. S. MEENA
AGED ABOUT 54 YEARS
W/O T. V. DEVARAJA
R/O A-210, 'A' BLOCK II CROSS
GOPALA GOWDA EXTENSION
SHIVAMOGGA CITY - 577 205.
... PETITIONER
(BY SRI S. V. PRAKASH ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
(SHIVAMOGGA URBAN
DEVELOPMENT AUTHORITY)
SHIVAMOGGA - 577 201
BY ITS COMMISSIONER .
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
-114-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ORDER/COMMUNICATION DATED 02.11.2021 SERVED
ON THE PETITIONER BY THE RESPONDENT NO.2
PRODUCED AS PER ANNEXURE-H TO THE WRIT PETITION
AND ETC.
IN WP NO.8696/2023
BETWEEN
1. SRI S. HARISH
AGED ABOUT 62 YEARS
S/O LATE S. SUBBARAO
C/O BHOKAIAH
KALABHAIRAVESHWARA NILAYA
NEAR BEKKINAKALMATHA
KOTE ROAD, SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201.
2. SRI AMBARISH HEGDE
AGED ABOUT 53 YEARS
S/O H. KUSHAL HEGDE
NO.11/1, 5TH CROSS
SHESHADRIPURAM SHIVAMOGGA
SHIVAMOGGA DISTRICT - 577 201.
... PETITIONERS
(BY SRI S. V. PRAKASH., ADVOCATE)
AND
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA BHADRAVATHI URBAN
DEVELOPMENT AUTHORITY,
(SHIVAMOGGA URBAN DEVELOPMENT
AUTHORITY), SHIVAMOGGA - 577 201
BY ITS COMMISSIONER.
-115-
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER/COMMUNICATION DATED
02.11.2021 SERVED ON THE PETITIONER BY THE
RESPONDENT NO.2 PRODUCED AS PER ANNEXURE-G TO
THE WRIT PETITION AND ETC.
IN WP NO.9112/2023
BETWEEN
SRI CHANDRASHEKARA GANIGA
AGED ABOUT 64 YEARS
FORMERLY WORKING AT CANARA BANK,
S. M. CIRCLE, SHIMOGGA AND
AT PRESENTLY R/AT FLAT NO.1131
SHOBHA VALLEY VIEW
HERITAGE, LEGACY ROAD
DWARAKANAGAR, HOSAKERE HALLI
BANASHANKARI III STAGE
BENGALURU - 560 085
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY (SUDA)
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
-116-
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED NOTICE ANNEXURE-A BEARING
NO.SHI.NA.PRA/NI.SHA-2/NI.NO. D-31/2011-12/495
DATED 02.11.2021 ISSUED BY RESPONDENT AUTHORITY
FOR ABOVE STATED REASONS AND ETC.
IN WP NO.9794/2023
BETWEEN
R. GOPINATH
S/O LATE L. RAJU
AGED ABOUT 46 YEARS
SUDA QUARTERS NO.03,
SHIVAPPANAYAKA EXTENSION,
ALKOLA, SHIVAMOGGA - 577 204
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATI URBAN
DEVELOPMENT AUTHORITY
VINOBHA NAGAR
SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER ANNEXURE-A BEARING
NO. SHI.NA PRA/NI SHA 2/NI NO. E-306/2011-12/1358
DATED 01.10.2021 ISSUED BY RESPONDENT AUTHORITY
FOR THE ABOVE SAID REASONS AND ETC.
-117-
IN WP NO.9804/2023
BETWEEN
SRI M. RAJENDRA PRASAD
C/O M. C. VEERABHADRAIAH
AGED ABOUT 40 YEARS
RESIDING AT 1ST MAIN
SUBRAMANYAPURAM POST
BENGALURU - 560 061
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA-BHADRAVATI URBAN
DEVELOPMENT AUTHORITY
VINOBHA NAGAR SHIVAMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER ANNEXURE-A BEARING
NO. SHI. NA. PRA./NI.SHA.2/NI.NO C-319/2011-12/1847
DATED 22/10/2021 ISSUED BY RESPONDENT AUTHORITY
FOR THE ABOVE SAID REASONS AND ETC.
IN WP NO.10037/2023
BETWEEN
SRI N. C. GURULINGAPPA GOWDA
S/O CHANDRASHEKARAPPA
AGED ABOUT 55 YEARS
HALNELLIKOPPA VILLAGE
TATTUR POST
-118-
SORABA TALUK
SHIVAMOGGA - 577 433.
... PETITIONER
(BY SRI N. S. PRASAD, ADVOCATE)
AND
SHIVAMOGGA BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
VINOBHA NAGAR
SHIMOGGA - 577 204
REP. BY ITS COMMISSIONER.
...RESPONDENT
(BY SRI A. V. GANGADHARAPPA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH ANNEXURE 'A' SHI.NA.PRA/NI.SHA-2/NI.NO B-
113/2011-12/1723 DATED 22.10.21 AND ANNEXURE 'F'
SHI.NA.PRA/NI.SHA-2/NI.NO B-113/2011-12/2564 DATED
17.12.2021 BY ISSUE OF A WRIT OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT ORDER OR DIRECTION,
ISSUED BY RESPONDENT AUTHORITY FOR THE REASONS
STATED ABOVE AND ETC.
IN WP NO.10429/2023
BETWEEN
K. GAYATHRI
W/O B. SRINIVAS
AGED ABOUT 50 YEARS
R/O NO.178, 2ND CROSS
1ST BLOCK, VINOBHANAGARA
SHIVAMOGGA - 577 204.
... PETITIONER
(BY SRI P. N. HARISH, ADVOCATE)
-119-
AND
1. STATE OF KARNATAKA
DEPARTMENT OF MUNICIPAL
ADMINISTRATION AND LOCAL BODIES
VIKASA SOUDHA
BENGALURU - 560 001
BY ITS PRINCIPAL SECRETARY.
2. SHIVAMOGGA-BHADRAVATHI
URBAN DEVELOPMENT AUTHORITY
SHIVAMOGGA - 577 201
REP. BY ITS COMMISSIONER.
...RESPONDENTS
(BY SRI NITHYANANDA K. R., AGA FOR R1;
SRI A. V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF RESPONDENT NO.2 DATED 30.10.2021
PRODUCED AS PER ANNEXURE-B TO THE WRIT PETITION
AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 08.06.2023 AND COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT
MADE THE FOLLOWING:
-120-
COMMON ORDER
The petitioners in all these matters are allottees of individual sites at the hands of the respondent- Shivamogga-Bhadravathi Urban Development Authority (hereinafter referred to as 'SBUDA', for short). The petitioners are aggrieved of subsequent orders of the cancellation of the allotments of sites. Therefore, all these matters were clubbed, heard together and disposed of by this common order.
2. From the material available on record, it is clear that complaints were received by the Lokayukta in the matter of allotment of sites by SBUDA. It appears that the Lokayukta conducted an enquiry and found irregularities and illegality in the matter of allotment of sites in the layout known as "Atal Bihari Vajapeyee Layout", which was formed by SBUDA. It appears that at the instance of the Lokayukta, the Urban Development Department of the State Government passed an order dated 30.07.2021, -121- directing SBUDA to cancel all the allotments as found in paragraph No.72 (i) to (xxv). Following the said Government Order, the respondent-SBUDA passed the impugned order cancelling the allotments of sites made in favour of the petitioners.
3. Statement of objections have been filed at the hands of the respondent- SBUDA. Learned Counsel for SBUDA has taken this Court through the report of the Lokayukta under Section 7(2-A) read with Section 12(1) and 12(3) of the Karnataka Lokayukta Act, 1984, dated 02.12.2020. Learned Counsel submits that as per the enquiry report it is clear that enquiry proceedings were initiated by the Lokayukta against the Commissioner, SBUDA, the Former Commissioner, Commissioner of the City Municipal Council Shimogga, the President, Executive Engineer, Members of the Board of SBUDA, Assistant Engineer, Junior Engineers, etc. It is submitted that at Annexure-B I to XXII-D of the report a list of -122- irregularities/illegality are set out. The list comprises of 25 types of irregularities/illegality. It was found that allotments were made under discretionary quota although the provision contained in Rule 13 (2) (J) of the Karnataka Urban Development (Allotment of sites) Rules, 1991, which enabled the Board to allot the sites under the discretionary quota was deleted on 07.11.2005. Therefore, the allotments made under the said provision were found to be illegal. It was found that allotments were made in favour of husband as well as wife in contravention of Rule 2(e) of the Rules, and allotments were made in favour of more than one person of the same family. Allotments were made in favour of persons who already owned houses/sites in contravention to Rule 12(2) of the Rules. Under the same provision, it was found that allotments were made to persons who were allotted sites by SBUDA, Karnataka Housing Board, Urban Development Authorities, etc. It was found that -123- allotments were made in favour of persons who already owned sites/houses within the limits of SBUDA. It was found that regard was not had to the seniority or number of attempts and consequently, allotments were made to persons without adhering to the rule of seniority, as contemplated in Rule 13(1)(iv) of the Rules. Allotments were made to ineligible persons under the quota of Central Government Employees, State Government Employees, Ex- Servicemen, etc. It was found that allotments were made in favour of applicants who had not deposited the initial deposits. Allotments were made without collecting the residential certificates, caste certificate, employment certificate, income certificate, disability certificate or to persons who had furnished defective certificates.
4. The Lokayukta found that respondents No.8 to 11 therein were guilty of dereliction of duty. It was found that respondents No.2, 4 to 7 therein were -124- responsible for illegal allotments as set out in Annexure-B III to XXII-D. The Lokayukta, therefore recommended appropriate action against each of the respondents therein. Learned Counsel for the respondent-SBUDA would therefore submit that the Authority had no other option than to follow the directions of the State Government.
5. Per contra, learned Counsels for the petitioners submitted that it is clear from the material available on record that the petitioners were not issued notices, they were not heard before the drastic action of cancellation of allotments was undertaken by the respondents, SBUDA, the State Government or the Lokayukta. Unilateral decisions have been taken without calling upon the petitioners to offer explanation by pointing out to the specific allegation in respect of each of the allottees.
6. The learned Counsels submitted that some of the grounds on which cancellation was recommended -125- by the Lokayukta are clearly untenable. It was submitted that Rule 12(2) of the Rules do not bar a person who owns a site or a house, to seek allotment, except when such site or house is already allotted by any Urban Development Authority or Karnataka Housing Board or any other agency of the Government, within the State of Karnataka. It was argued that if a person had purchased an immovable property and not allotted by any of the authority or agencies, then such person is still eligible to seek allotment of site.
7. The learned Counsels submitted that Rules 12 and 13 of the Rules prescribe the eligibility criteria. It was pointed out that Rule 12(2) mandates that if a person has already been allotted a site or a house in any part of the State by any other Urban Development Authority or Karnataka Housing Board or any other agency of the State Government, he/she will not be eligible for allotment of the site. Nowhere in the -126- Rules is there a prescription that if another member of the family has been allotted such site, it would disqualify the other members of the family to seek allotment of site. It was pointed out that in Rule 12(2) there is no usage of the word 'family'. Therefore, it was contended that it is not permissible to read the definition contained in Rule 2(e) into Rule 12 of the Rules. Learned Counsels submit in unison that if opportunity of hearing was given to the petitioners, they would have raised these contentions and the Authority was duty bound to consider such contentions, before passing any order of cancellation. Similarly, it was contended that many of the findings of the Lokayukta could be proved baseless, if only opportunity of hearing was given to the petitioners.
8. As regards the initial deposits, it was submitted that even if there was some difficiency in paying the initial deposits, nevertheless, before execution of the absolute sale deeds, full sale -127- consideration including the initial deposits were collected by SBUDA. Moreover, it was submitted that once absolute sale deeds were executed in favour of the petitioners, neither the State Government nor SBUDA could cancel the allotments. Even otherwise, if allotments were cancelled, the absolute sale deeds which were registered remain intact and such registered sale deeds could be cancelled only by a competent court of law and not by the State Government or SBUDA.
9. On hearing the learned Counsels for the petitioners, learned Counsel for the respondent- SBUDA and learned AGA and on perusing the petition papers, this Court finds that there is sufficient force in the submissions of the learned Counsels for the petitioners. It is clear from the material available on record that individual notices were not issued to the petitioners calling upon them to explain why the allotments should not be cancelled. The aggrieved -128- must be appraised, is the constitutional creed flowing from the postulates of Article 14 of the Constitution of India. This court is convinced that if opportunity of hearing was given to the petitioners before embarking upon such serious action of cancellation of allotments, moreso, after execution of absolute sale deeds, the petitioners would have had convincing answers or explanations to offer which would have persuaded the Authority from cancelling many of such allotments.
10. The principles of natural justice being denied to the petitioners, they are entitled for relief and reconsideration at the hands of the respondent- SBUDA. The SBUDA shall be duty bound to consider each and every legal contention and decide each case on its merit and it shall not go by the directions issued by the State Government or the Lokayukta.
11. Consequently, this Court proceeds to pass the following:
-129-
ORDER
(i) All the writ petitions are partly allowed.
(ii) The impugned orders of cancellation of allotments of sites passed by the respondent-SBUDA in all these writ petitions are hereby quashed and set aside.
(iii) The matters stand remitted back to the respondent-SBUDA for reconsideration.
(iv) The respondent-SBUDA shall issue individual show cause notices to the petitioners indicating the grounds for cancellation of the allotments of sites.
The petitioners shall be permitted to file their written reply or objections. Opportunity of hearing shall be given to the petitioners.
(v) The respondent-SBUDA shall consider every legal contention, without being influenced by the findings of the Lokayukta or the State Government.
Thereafter, a decision shall be taken by the Authority by way of reasoned orders.
-130-Ordered accordingly.
Pending I.As., if any, stand disposed of.
Sd/-
JUDGE DL