SHREE SRINIVAS ASSOCIATES v. UDUPI URBAN DEVELOPMENT AUHORITY
WP/11318/2025 · 2025-04-25
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23591 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23591 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17140 WP No. 11318 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11318 OF 2025 (LB-RES) BETWEEN:
1.
SHREE SRINIVAS ASSOCIATES REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER MRS. SHILPA RAGHUPATHI W/O K RAGHUPATHI BHAT AGED ABOUT 39 YEARS RESIDING AT 8-32, GURUPRASAD RAJACHARYA MARGA KARAMBALLI, UDUPI DISTRICT - 576 102
2.
MR. K RAGHUPATHI BHAT S/O LATE SRINIVAS BARITHAYA AGED ABOUT 55 YEARS RESIDING AT 8-32, GURUPRASAD RAJACHARYA MARGA KARAMBALLI, UDUPI DISTRICT - 576 102 … PETITIONERS (BY SRI. SACHIN B S., ADVOCATE) AND:
1.
UDUPI URBAN DEVELOPMENT AUHORITY UDUPI DISTRICT, UDUPI, UDUPI - 576 102 REPRESENTED BY COMMISSIONER Digitally signed by VIJAYA P Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17140 WP No. 11318 of 2025
2.
TOWN PLANNING MEMBER UDUPI URBAN DEVELOPMENT AUTHORITY UDUPI DISTRICT, UDUPI - 576 102.
… RESPONDENTS (BY SRI. PRASAD HEGDE, ADVOCATE FOR R1 AND R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 20.03.2024 FILED BY THE PETITIONER UNDER SECTION 17 OF KARNATAKA TOWN AND COUNTRY PLANNING ACT 1965 AND AS PER ANNEXURE-A AND DIRECT THE RESPONDENT GRANT SINGLE LAYOUT APPROVED PLAN IN FAVOR OF THE PETITIONER AS PER ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER
Petitioners have sought for issuance of writ of mandamus to direct the respondents to consider the application of the petitioners filed under Section 17 of the Karnataka Town and Country Planning Act, 1961 at Annexure-A and to grant Single Layout Approved Plan.
2. It is the case of the petitioners that any such request for sanction of Single Layout Plan is required to be decided within 90 days from the date of its receipt by the
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NC: 2025:KHC:17140 WP No. 11318 of 2025 Planning Authority in terms of Rule 36(2) of the Karnataka Planning Authority Rules, 1965.
3. Sri. Prasad Hegde, learned counsel appearing for the respondents – Planning Authority has filed an endorsement and submits that in terms of the endorsement, a Committee has been set up under the Chairmanship of Additional Deputy Commissioner and on the basis of the report, necessary action would be taken.
4. Taking note of such stand, petition could be
disposed off while directing the respondents – Planning Authority to take action upon receipt of report the Committee within 30 days. Needless to state the final decision regarding grant or otherwise of the plan is to be made by the Planning Authority in terms of the statutory scheme. Needless to state the Planning Authority is to move the Additional Deputy Commissioner to conclude their proceedings and submit report at the earliest.
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NC: 2025:KHC:17140 WP No. 11318 of 2025
5. Copy of the order to be immediately furnished to the Additional Deputy Commissioner for taking further steps.
6. Accordingly, petition is disposed off. All
contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP