Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5806 WP No. 224 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 224 OF 2025 (LB-RES) BETWEEN:
1.
MANOJ KUMAR M. E.
S/O SRI. EREGOWDA M.A.
AGED ABOUT 37YEARS KELAGURU VILLAGE AND POST ALDUR HOBLI CHIKKAMAGALUR …PETITIONER (BY SRI. GIRISHKUMAR R., ADVOCATE)
AND:
1. COMMISSIONER URBAN DEVELOPMENT AUTHORITIES AND TOWN AND COUNTRY PLANNING COMMISSIONERATE CHIKKAMAGALUR 577101 …RESPONDENT (BY SRI. A.RAVISHANKAR., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED
ORDER DATED. 26.12.2024 PASSED BY RESPONDENT AUTHORITY VIDE NO. NAAAPRACHI.NAYO.RURE.91-65/53-81/2300 PRODUCED AT ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5806 WP No. 224 of 2025
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The petition is directed against an order by which the modified plan has been cancelled.
2. In the impugned order, it is noticed that the Planning Authority has issued a show-cause notice and it is not forthcoming as to whether the objections were filed by the petitioner and the same is considered.
3.
Learned counsel for the petitioner places on record the notice dated 05.09.2024 issued by Chikkamagaluru Urban Development Authority (CUDA) and also the response made by the petitioner to the said notice on 18.09.2024.
4. It appears from the impugned order that this response dated 18.09.2024 has not been considered.
5. In that view of the matter, the impugned order is quashed and CUDA is directed to consider the
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NC: 2025:KHC:5806 WP No. 224 of 2025
representation dated 18.09.2024 given by the petitioner in response to the notice dated 05.09.2024 and thereafter pass appropriate orders.
6. It will also be open for the parties to conduct a joint inspection and measure the property if it can resolve the issue at hand. The Writ Petition is, accordingly,
disposed of.
7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 36