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2025 DAILYLAW 18776 (KAR)

N GOPALAKRISHNA v. MANDYA CITY MUNICIPAL COUNSEL

WP/5762/2023 · 2025-04-22

S Sunil Dutt Yadav

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Judgment text

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- 1 - NC: 2025:KHC:16716 WP No. 5762 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5762 OF 2023 (LB-RES) BETWEEN: 1. N GOPALAKRISHNA S/O LATE K NARAYANA BHAT AGED ABOUT 68 YEARS R/A NO.108, KRISHNA VIVEKANANDA ROAD YADAVAGIRI MYSORE-570 020 … PETITIONER (BY SRI. SHIVARAMA BHAT O., ADVOCATE) AND: 1. MANDYA CITY MUNICIPAL COUNSEL REPRESENTED BY ITS COMMISSIONER MAHAVEERA CIRCLE MANDYA-571 401 2. MANDYA URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER MANDYA-571 401 3. SRI JAGANNATH SHETTY S/O SUNDARASHETTY AGED ABOUT 57 YEARS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16716 WP No. 5762 of 2023 R/A NO.445, 1ST CROSS CHAMUNDESHWARI NAGAR MANDYA CITY-571 401 … RESPONDENTS (BY SRI. G M ANANDA., ADVOCATE FOR R1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R2; SRI DEVI PRASAD SHETTY, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.1 COMMISSIONER TO TAKE AN ACTION IN PURSUANCE OF HIS REPRESENTATION DATED 27.12.2022 VIDE ANNEXURE-A FOR HAVING VIOLATED THE SANCTIONED PLAN DATED 23.08.2022 VIDE ANNEXURE-E ISSUED IN FAVOUR OF THE R-3 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of mandamus to direct the respondent no.1 to take action in pursuance of the representation at Annexure-A dated 27.12.2022 on the ground that the 3rd respondent has violated the sanctioned plan. 2. It is submitted that action has been initiated by the respondent no.1 and orders passed under Section 187 (9) (c) of the Karnataka Municipalities Act, 1964. - 3 - NC: 2025:KHC:16716 WP No. 5762 of 2023 3. It is further submitted that as against such order, private respondent no.3 had filed revision and the same has been rejected. 4. Learned counsel for third respondent submits that he would take appropriate steps to call in question the validity of the said order. 5. Needless to state, once the proceedings initiated under Section 187 of the Karnataka Municipalities Act, 1964 attains finality, respondent no.1 to take steps to ensure that the order passed under Section 187 proceedings is carried to its logical end. 6. Accordingly, the petition is disposed off. 7. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE NP