Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2249 WP No. 20757 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 20757 OF 2024 (LB-RES) BETWEEN:
1.
SMT N R GOWRAMMA WIFE OF N RAMAPPA AGED ABOTU 75 YEARS RESIDING AT 29TH WARD SUKRUTHA NILAYA BDCC BANK COLONY M J NAGAR, HOSPET NCC BELLARY, KARNATAKA-583 203.
2.
SRI. N. BASAVAWRAJ SON OF N RAMAPPA AGED ABOUT 58 YEARS RESIDING AT 29TH WARD SUKRUTHA NILAYA B D C C BANK COLONY M J NAGAR, HOSPET NCC BELLARY, KARNATAKA-583 203.
3.
SRI. N. MANJUNATH SON OF N RAMAPPA AGED ABOUT 61 YEARS RESIDING AT 29TH WARD SUKRUTHA NILAYA B D C C BANK COLONY M J NAGAR, HOSPET NCC BELLARY, KARNATAKA-583 203. …PETITIONERS (BY SRI. RAJENDRA S., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2249 WP No. 20757 of 2024
URBAN DEVELOPMETN DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR ROAD BENGALURU 560 001.
2.
THE COMMISSIONER DAVANAGERE HARIHARA URBAN DEVELOPMENT AUTHORITY A LAYOUT, DEVARJ URS BADAVANE B BLOCK DAVANAGERE 577 004.
3.
THE COMMISSIONER DAVANAGERE CITY CORPORATION RAILWAY STATION OPPOSITE, PB ROAD DAVANAGERE 577 002. …RESPONDENTS
(BY SRI. BOPANNA BELLIAPPA., AGA FOR R1;
SRI. S MAHESH, ADVOCATE FOR R2;
SRI. B K MANJUNATH, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OF THE RESOLUTION PASSED IN SUBJECT NO. 3/4 DTD 15.11.2022 (ANNX-D) AND THE ORDER DTD 22.11.2022 PASSED BY THE R-2 BEARING NO.
DAHANAPRA:YOVI:AMVAV:RADDU:CR:2023-24/2010/1 (ANNX- E) AND THE ORDER DTD 05.02.2024 PASSED BY THE R-3 BEARING NO.DHAMAPA/CUMSHA/BHU-PARI/CR/67/2019-20 (ANNX-H) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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NC: 2025:KHC:2249 WP No. 20757 of 2024
ORAL ORDER
1. The challenge in this petition is to the Resolution dated 15.11.2022 (Annexure ‘D’) and consequential
order dated 22.11.2022 (Annexure ‘E’).
2. A perusal of said Resolution as well as consequential
order indicates that the petitioners have not been heard in the matter before the orders were passed.
3. This position is also not denied by the respondent- authority.
4. In that view of the matter, the Resolution and Order at Annexures ‘D’ and ‘E’ respectively shall stand quashed and the authorities shall reconsider the matter afresh after affording an opportunity of hearing to the petitioners.
5. The writ petition is allowed accordingly.
Sd/- (N S SANJAY GOWDA) JUDGE RK/- List No.: 1 Sl No.: 59.1