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2025 DAILYLAW 39565 (KAR)

SMT ANITHA B T v. THE TOWN MUNICIPAL COUNCIL

WP/17998/2025 · 2025-10-14

R Nataraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40680 WP No. 17998 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 17998 OF 2025 (LB-RES) BETWEEN: SMT. ANITHA B T W/O. DR.K.S.MANJUNATH AGED ABOUT 40 YEARS R/O. WARD NO.11 CPC COLONY, KADUR TOWN KADUR-577 548 CHIKKAMAGALURU DISTRICT …PETITIONER (BY SRI. RAHUL, ADVOCATE FOR SRI. ONKARA K.B, ADVOCATE - THROUGH VC) AND: 1. THE TOWN MUNICIPAL COUNCIL OPP. OLD BUS STAND KADUR-577 548 CHIKMAGALUR DISTRICT PHONE: 08267-221221 EMAIL :kadurtmc@yahoo.com REP. BY ITS CHIEF OFFICER 2. THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION ADMINISTRATOR OF TOWN MUNICIPAL COUNCIL, KADUR-577 548 CHIKMAGALUR DISTRICT PHONE : 8261222220 FAX: NOT AVAILABLE EMAIL: acofficetarikere@gmail.com Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40680 WP No. 17998 of 2025 3. THE DEPUTY COMMISSIONER DISTRICT FIELD RD, VIJAYA NAGAR CHIKKAMAGALUR-577 101 PHONE:082622 30401 FAX: NOT AVAILABLE EMAIL: deo.cmagalur@gmail.com 4. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, 9TH FLOOR AND 10TH FLOOR VISHVESHWARIAH TOWER DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 PHONE:080-22867172 FAX: 080-22863576/22861665 E-MAIL:dmablr@gmail.com 5. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 PHONE: 080-22252442 FAX: 080-22258913 EMAIL: cs@karnataka.gov.in …RESPONDENTS (BY SRI. NAVEEN J.N, ADVOCATE FOR R1 & R2; SMT. SPOORTHY V, HCGP FOR R3, R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO REBUILD THE STRUCTURE IN THE SAME LOCATION TO ITS ORIGINAL FORM AND SHAPE IN THE PROPERTY BEARING MUNICIPAL ASSESSMENT NO. 2113/2042, 2114/2043 LOCATED AT CPC COLONY, KADUR TOWN MEASURING 432.4490 MTS AND HAND OVER THE POSSESSION OF THE SAME TO THE PETITIONER BY - 3 - HC-KAR NC: 2025:KHC:40680 WP No. 17998 of 2025 RESTORING THE KHATHA IN HER NAME IN THE MUNICIPALITY RECORDS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a declaration that the demolition of the building belonging to him is illegal and unconstitutional and to direct the respondents to rebuild the structure in the same location and hand over possession of the same. She has also sought for a writ in the nature of mandamus to direct the respondents to pay compensation of Rs.50,00,000/- for illegally demolishing the construction. 2. When this petition was listed for orders, the learned counsel for the petitioner fairly submitted that under similar circumstances a Co-ordinate Bench of this Court in WP No.17840/2025 permitted the petitioner to withdraw the writ petition and approach the civil Court. He therefore prays that this petition be dismissed as withdrawn with liberty to file appropriate proceedings before the appropriate Court. - 4 - HC-KAR NC: 2025:KHC:40680 WP No. 17998 of 2025 3. In that view of the matter, the petition is dismissed as withdrawn. It is needless to state that if the petitioner has any alternate remedy, she is always at liberty to pursue the same in accordance with law. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 16