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2025 DAILYLAW 54162 (KAR)

SMT SUJATHA SHETTIGAR v. DEPUTY COMMISSIONER

WP/56032/2018 · 2025-08-05

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30536 WP No. 56032 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.56032 OF 2018 (LB-RES) BETWEEN: 1. SMT. SUJATHA SHETTIGAR W/O. JANARDHANA SHETTIGAR AGED ABOUT 46 YEARS, R/O. KARIKALKATTE OF JAPTHI VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-576 201. …PETITIONER (BY SRI. PRASAD HEGDE K., ADVOCATE) AND: 1. DEPUTY COMMISSIONER UDUPI DISTRICT RAJATHADRI, MANIPAL UDUPI DISTRICT-576 104. 2. EXECUTIVE ENGINEER PANCHAYATHRAJ ENGINEERING DIVISION, UDUPI, "RAJATHADRI" DISTRICT OFFICE COMPLEX C-BLOCK, 1ST FLOOR, MANIPAL, UDUPI-576 104. 3. HOMBADI MADADI GRAMA PANCHAYATH HUNSEMAKKI, KUNDAPURA TALUK UDUPI DISTRICT-576 201 BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R.1 & R.2; SRI ASHOK N. NAYAK, ADVOCATE FOR R.3.) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30536 WP No. 56032 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DEMOLISH THE UNAUTHORIZED AUTO RICKSHAW STAND MADE BY THE RESPONDENT NO.2 BY THE SIDE OF THE ZILLA PANCHAYATH ROAD BY CONSIDERING THE REPRESENTATION MADE BY THE PETITIONER ON 02.08.2018 TO RESPONDENT NOS.1 AND 2 AT ANNEXURES-A AND B., ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner is aggrieved of establishment of an auto stand in front of her house on the property belonging to respondent No.3-Grama Panchayat. 2. The case of the petitioner is that the auto stand is constructed without obtaining necessary permission in accordance with law. 3. Learned counsel for the respondents submitted that no permanent construction has been put up and the photographs produced by the petitioner herself reveal that only four poles are raised and a sheet covering is laid on - 3 - HC-KAR NC: 2025:KHC:30536 WP No. 56032 of 2018 the same, so that few autos can be parked under the said sheet. It is further submitted that no permission is required to put up such a construction and a resolution has been passed by respondent No.1 to designate the said place as an auto stand and that the sheet has been laid through MLC funds. It is further submitted that the petitioner has no right on the property concerned and she cannot object to the same. 4. Admittedly, none of the legal rights of the petitioner has been violated by the actions of the respondents. For the aforesaid reasons, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 76