SMT NAGMALA M PATTANASHETTY v. GOVERNMENT OF KARNATAKA
WP/6023/2020 · 2025-04-04
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17270 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17270 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14461 WP No. 6023 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6023 OF 2020 (LB-RES) BETWEEN:
1.
SMT NAGMALA M PATTANASHETTY W/O P MANJUNATHA AGED ABOUT 39 YEARS, AGRICULTURIST, NAGENAHALLI ROAD SANTHEBENNUR VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN - 577 552 … PETITIONER (BY SRI. MANJUNATHA PATTANA SHETTY., ADVOCATE) AND:
1.
GOVERNMENT OF KARNATAKA THE SECRETARY DEPARTMENT OF PANCHAYATH AND RURAL DEVELOPMENT VIDHANA SOUDHA BENGALURU - 1
2.
THE EXECUTIVE OFFICER TALUK PANCHAYAT CHANNAGIRI TALUK DAVANGERE DISTRICT PIN - 577 213. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14461 WP No. 6023 of 2020
3.
PANCHAYT DEVELOPMENT OFFICER SANTHEBENNURU VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT PIN - 577 552.
4.
SRI M S BASAVARADYA S/O LATE SHIVAMURTHAIAH, AGED ABOUT 45 YEARS, R/AT GANGANAKATTE VILLAGE DAVANAGERE TALUK AND DISTRICT PIN - 577 556.
5.
SRI S R NAGRAJA S/O S RUDRAIA AGRICULTURIST, AGED ABOUT 49 YEARS, R/AT SASALU MAIN ROAD, SANTHEBENURU VILLAGE, PIN - 577 552.
6.
SMT. B M SAHANA W/O S R NAGRAJA AGED ABOUT 43 YEARS, R/AT SASALU MAIN ROAD SANTHEBENURU VILLAGE PIN - 577 552.
… RESPONDENTS (BY SRI. YOGANNA K.P., AGA FOR R1;
SRI N.R. JAGADEESHWARA, ADVOCATE FOR R2 & R3;
SRI R. SURESH, ADVOCATE FOR R4 TO R6)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 06.12.2019 PASSED BY THE R-2 AND SURVEY
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NC: 2025:KHC:14461 WP No. 6023 of 2020 SKETCH ISSUED ON 06.12.2019 AT ANNEXURE-A AND B RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER
The petitioner has challenged the order of the Executive Officer, Taluk Panchayat, Channagiri, granting approval to the Single Layout Plan with respect to an extent of 24 Guntas of land in Sy.No.87/*/5 of Santhe Bennur Village, Santhe Bennur Gram Panchayat, Santhe Bennur-1 Hobli, Channagiri Taluk, Davangere District.
2. Various contentions have been raised including that the respondent has not left the connectivity road to Sy.No.87/4 and 87/3 though such condition was imposed while approving the Layout Plan.
3. It is also contended that there is a public road connectivity from Nagenahalli-Santhe Bennuru Road in Sy.No.87/5 however, respondent no.4 has not shown the said public road as indicated in the Village Map. It is
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NC: 2025:KHC:14461 WP No. 6023 of 2020 further stated that respondent no.4 has not handed over the public road to the Government as required.
4. Various other contentions have been raised to the effect that approval of Single Layout Plan without showing the public road and connectivity is liable to be set aside as not taking note of essential connectivity.
5. Learned counsel appearing for respondent nos.4 to 6 submits that in light of the assertions made, they would apply for fresh Single Layout Plan after taking note of the grievances as made out in the petition.
6. In light of stand of respondent nos.4 to 6, it would be appropriate to set aside the approval granted to the Single Layout Plan dated 06.12.2019 while reserving liberty to the respondent nos.4 to 6 to approach the authorities for fresh plan as per law.
7. Accordingly, the petition is disposed off.
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NC: 2025:KHC:14461 WP No. 6023 of 2020
8. Needless to state, in light of setting aside of Annexure-A, approval of sketch at Annexure-B also will not have any sanctity as it is mere approved sketch. Sd/- (S SUNIL DUTT YADAV) JUDGE NP