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2025 DAILYLAW 36681 (KAR)

SRI ASHOK RAO v. STATE OF KARNATAKA

WP/34571/2024 · 2025-04-08

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - NC: 2025:KHC:15002 WP No. 34571 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34571 OF 2024 (LB-RES) BETWEEN: SRI ASHOK RAO S/O. PUNDALIKA RAO, AGED ABOUT 68 YEARS, R/O.3473, 1ST CROSS, DARJI COLONY, GOPALAPURA ROAD, CHITRADURGA - 577 501. …PETITIONER (BY SRI. YOGESH V. KATEMATH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION VIDHANA SOUDHA, BENGALURU - 560 001. 2. CITY MUNICIPAL COUNCIL CHITRADURGA - 577 501 REPRESENTED BY ITS COMMISSIONER. 3. SMT. MANJU BAI W/O. UTTHAM CHAND, AGED ABOUT 62 YEARS 4. SRI. D. SURESH KUMAR S/O. MUTTADALICHAND, AGED ABOUT 52 YEARS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15002 WP No. 34571 of 2024 R3 AND R4 ARE R/O 6TH WARD, ANEBAGILU ROAD, OPP. MOURYA LODGE, ASSAR MOHALLA, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. BOPANNA BILLIAPPA, AGA FOR R1 SRI. S. MAHESH, ADVOCATE FOR R2 SRI. P.D. SURANA, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AUTHORITY TO TAKE APPROPRIATE ACTION AGAINST THE R-3 AND 4 FOR STOPPING THE ILLEGAL CONSTRUCTION AND DEMOLITION THEREOF IN RESPECT OF THE PROPERTY BEARING a) 917/2146/2017/1535 b) 316/2145/2016/1534/A AND c) 915/2145/2016/1534 MEASURING TO AN EXTENT OF 277. 46 SQ. MTRS SITUATED AT WARD NO. 6, BLOCK NO.2, ASSAR MOHALLA, CHITRADURGA IN TERMS OF FINAL ORDER DTD. 03.12.2024 VIDE ANNX-G ISSUED BY THE R-2 AUTHORITY BY CONSIDERING THE REPRESENTATIONS DTD. 08.08.2024 VIDE ANNX-E AND E1 FILED BY THE PETITIONER HEREIN FORTHWITH 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 - 3 - NC: 2025:KHC:15002 WP No. 34571 of 2024 ORAL ORDER 1. The petitioner has sought for issuance of writ in the nature of the mandamus to direct respondent No.2 to take appropriate action against respondents 3 and 4 as regards the alleged illegal construction. 2. Learned counsel appearing for the private respondents submits that the notices at Annexures - F & G have been impugned before the Revision Petition No.04/2025 is pending before the Regional Commissioner. 3. Learned counsel for the private respondents submits that no construction would be put up unless permission is obtained by the Authorities concerned. 4. Said submission is taken note of. Accordingly, petition is disposed off in light of the pendency of the Revision Petition as noted above. 5. Needless to state once the orders attain finality, the respondent - Authority to take appropriate action to its logical finality. - 4 - NC: 2025:KHC:15002 WP No. 34571 of 2024 6. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 44