Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:676 WP No. 230 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 230 OF 2025 (LB-RES) BETWEEN:
1.
SRI S.R. PRASANNA S/O S. RUDRAMUNIYAPAP AGED ABOUT 53 YEARS.
2.
SRI S.R. SATISH BABU S/O S RUDRAMUNIYAPPA AGED ABOUT 51 YEARS.
3.
SRI S.R. KANYAKUMARI S/O S. RUDRAMUNIYAPPA AGED ABOUT 49 YEARS.
ALL ARE R/A THAYAGARAJANAGAR CHITRADURGA ROAD CHALLKERE - 577 522. …PETITIONERS (BY SRI VIRUPAKSHAIAH P.H, ADV.) AND:
1.
STATE OF KARNATAKA REPRSENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEELOPMENT, VIDHANA OSUDHA BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501.
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:676 WP No. 230 of 2025
3.
THE COMMISSIONER CITY MUNICIPAL COUNCIL CHALLAKERE, CHITRADURGA DISTRICT - 577 522. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R-1 & R-2;
NOTICE TO R-3 D/W V/O DTD:09.01.2025)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECTING THE R2 AUTHORITY TO CONSIDER THE APPEAL FILED BY THE PETITIONER ON 12/12/2022 VIDE ANN-F AND PASS APPROPRIATE ORDERS EXPEDITIOUSLY WITHIN AN OUTER LIMIT OF TWO MONTHS BY CONSIDERING THE REPRESENTATIONS DATED 09/02/2024 AND 30/09/2024 VIDE ANN-K AND L RESPECTIVELY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. Notice to respondent no.3 may be unnecessary since the prayer in the writ petition is for a direction to the Deputy Commissioner to consider the appeal that has been filed by the petitioners at Annexure-F. In light of the above, notice to respondent no.3 is dispensed with.
3.
Learned Counsel for the petitioners submits that petitioners had preferred the appeal vide Annexure-F to
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NC: 2025:KHC:676 WP No. 230 of 2025
the Deputy Commissioner in the year 2022 and despite lapse of two years, the appeal is yet to be considered, and therefore, it would be necessary to issue a direction to the Deputy Commissioner to discharge has legal obligation to dispose of the appeal.
4. Since an appeal has been preferred, the Deputy Commissioner is legally bound to consider the same and pass an order on merits. In that view of the matter, the Deputy Commissioner - respondent no.2 is directed to consider the appeal of the petitioners and pass appropriate orders on merits within a period of two months from the date of receipt of the copy of this order. Writ petition is accordingly disposed of.
5. It is needless to state that the Deputy Commissioner shall hear the parties before he passes any order on merits. Sd/- (N S SANJAY GOWDA) JUDGE
KK