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2025 DAILYLAW 11111 (KAR)

MAHADEV S/O TUKKAPPA AMMAN v. THE STATE OF KARNATAKA

WP/85571/2012 · 2025-04-28

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.202869 OF 2023 (CS-EL/M) C/W WRIT PETITION NO.85571 OF 2012 WRIT PETITION NO.203475 OF 2023 IN WRIT PETITION NO.202869 OF 2023: BETWEEN: SHIVASHANKAR S/O. SANGSHETTEPPA HOSGOUDA, AGE: 70 YEARS, OCC: BUSINESS, R/O: H.NO.4-846, NEAR GANESH MANDIR MAKTHAMPUR, KALABURAGI …PETITIONER (BY SMT. HEMA L. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU – 01. 2. THE SUPER MARKET COMMITTEE, OFFICE OF DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, STATION ROAD, KALABURAGI – 585 101. BY ITS PRESIDENT. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 3. THE SECRETARY, SUPER MARKET COMMITTEE OFFICE OF EXECUTIVE ENGINEER, PWD GULBARGA DIVISION, KALABURAGI – 585 101. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR AGA, FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-D, THE RESOLUTION PASSED BY THE RESPONDENT NO.2 ON 23.04.2010, AND ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO 3 TO RECONSIDER THE REPRESENTATIONS DATED 25.09.2023 OF THE PETITIONER FOR ALLOTMENT OF ALTERNATIVE SITE IN THE SUPER MARKET FROM AND OUT OF ANNEXURE-E, E-1 AND E-2. IN WRIT PETITION NO.85571 OF 2012: BETWEEN: MAHADEV S/O RUKKAPPA AMMAN DECEASED THROUGH HIS LRS, 1(A) UMAKANT S/O LATE MAHADEV AMMAN AGE:60 YEARS, OCC: BUSINESS, R/O.H.NO.8-427/1, IIND FLOOR FORT ROAD, AMMAN GALLI, ASIFGUNJ, KALABURAGI – 585 102. 1(B) DAYASAGAR S/O LATE MAHADEV AMMAN, AGE: 55 YEARS OCC:BUSINESS, R/O:H.NO.8-427/1, GROUND FLOOR, FORT ROAD, AMMAN GALLI, ASIFGUNJ, KALABURAGI – 585 102. - 3 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 1(C) SRINIVAS S/O. LATE MAHADEV AMMAN AGE:53 YEARS, OCC: BUSINESS, R/O.H.NO.4-1130/1A, SARAF BAZAR ROAD, NEAR ANANDIAMBABHAVANI TEMPLE, BHOVIGALLI, KALABURAGI – 585 102. 1(D) NAGARAJ M. AMMAN, S/O LATE MAHADEV AMMAN AGE:52 YEARS, OCC: BUSINESS, R/O:H.NO.8-427/1, FIRST FLOOR, FORTROAD, AMMAN GALLI, ASIFGUNJ, KALABURAGI – 585 102. …PETITIONERS (BY SRI. N.B. DIWANJI, AND SRI. MANJUNATH GINNI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU – 01. 2. THE SUPER MARKET COMMITTEE, OFFICE OF DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, STATION ROAD, KALABURAGI – 585 101. BY ITS PRESIDENT. 3. THE SECRETARY, SUPER MARKET COMMITTEE OFFICE OF EXECUTIVE ENGINEER, PWD GULBARGA DIVISION, KALABURAGI – 585 101. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) - 4 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-D, THE RESOLUTION PASSED BY THE RESPONDENT NO.2 ON 23.04.2010, AND ISSUE A WRIT MANDAMUS DIRECTING RESPONDENT NO.2 & 3 TO RECONSIDER THE REPRESENTATION OF THE PETITIONER FOR ALLOTMENT OF ALTERNATIVE SITE IN THE SUPER MARKET FROM AND OUT OF ANNEXURE-C. IN WRIT PETITION NO.203475 OF 2023: BETWEEN: 1. MAHANANDA W/O KASHINATH BILGUNDI AGE:59 YEARS, OCC:HOUSEHOLD, R/O:HIG-8 BAMBU BAZAR ROAD, KHB COLONY, GBN GUNJ, AFZALPUR, KALABURAGI. 2. BASAVARAJ S/O KASHINATH BILGUNDI, AGE: 32 YEARS, OCC:BUSINESS, R/O:H.NO.8-1304/21E HUMNABAD RING ROAD, GANDHI NAGAR, KALABURAGI. 3. SHIVARAJ S/O. KASHINATH BILGUNDI, AGE:29 YEARS, OCC:BUSINESS, R/O:HIG-8, BAMBU BAZAR ROAD, KHB COLONY, GBN GUNJ, AFZALPUR, KALABURAGI. …PETITIONERS (BY SMT. HEMA L. KULKARNI, ADVOCATE) - 5 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, M. S. BUILDING, BENGALURU – 01. 2. THE SUPER MARKET COMMITTEE, OFFICE OF DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, STATION ROAD, KALABURAGI – 585 101. BY ITS PRESIDENT. 3. THE SECRETARY, SUPER MARKET COMMITTEE OFFICE OF EXECUTIVE ENGINEER, PWD GULBARGA DIVISION, KALABURAGI – 585 101. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-D, THE RESOLUTION PASSED BY THE RESPONDENT NO.2 ON 23.04.2010, AND ISSUE A WRIT MANDAMUS DIRECTING RESPONDENT NO.2 & 3 TO RECONSIDER THE REPRESENTATION DATED:25.09.2023 OF THE PETITIONER FOR ALLOTMENT OF ALTERNATIVE SITE IN THE SUPER MARKET FROM AND OUT OF ANNEXURES-E & E1. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Learned Additional Government Advocate Sri.Mallikarjun Sahukar, submits that Super Market Committee has taken a decision to allot alternative sites to the petitioners in all the three writ petitions. Seeks to close the proceedings. 2. Smt.Hema L.Kulkarni, learned counsel who is on record for petitioners in W.P.No.202869/2023 and W.P.No.203475/2023, also representing Sri.Manjunath Ginni, learned counsel for the petitioner in W.P.No.85571/2012 seeks the Court to record the submission that is made by learned Additional Government Advocate and close the proceedings. 3. Thus, recording the submission that is made by learned Additional Government Advocate that the Super Market Committee has taken a decision to allot alternative - 7 - NC: 2025:KHC-K:2552 WP No.202869 of 2023 C/W WP No.85571 of 2012 WP No.203475 of 2023 sites to the petitioners in all the three writ petitions, the proceedings in all the three writ petitions are closed. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 52 CT:NI