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2025 DAILYLAW 59518 (KAR)

HUBLI DHARWAD URBAN DEVELOPMENT AUTHORITY v. SMT. VIJAYALAKSHMI W/O BASAVARAJ KARAJAGI

WA/100646/2024 · 2025-07-31

S Sunil Dutt Yadav, Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9455-DB WA No. 100646 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100646 OF 2024 (LB-RES) BETWEEN: HUBLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, HUBLI-580001, REPRESENTED BY ITS COMMISSIONER. …APPELLANT (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: SMT. VIJAYALAKSHMI W/O BASAVARAJ KARAJAGI, AGE. 71 YEARS, OCC. HOUSE HOLD WORK, R/O. PATISALA ONI, UNKAL HUBBALLI-580001, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR C/R) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10-9-2024 MADE IN WRIT PETITION NO.104752/2024 (LB-RES) PASSED BY THE LEARNED SINGLE JUDGE AND FURTHER DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.02 10:38:24 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9455-DB WA No. 100646 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This writ appeal is filed by the Hubballi - Dharwad Urban Development Authority challenging the order dated 10.09.2024 passed by the learned Single Judge in WP No. 104752/2024 where the learned Single Judge has quashed the notice dated 29.07.2024 issued by the appellant to the respondent. 2. It is submitted by the learned counsel for the appellant as well as the learned counsel appearing for the respondent that during the pendency of this proceedings, the dispute between the parties have been resolved and the memo is filed to that effect. 3. Memo reads as under; “Memo It is submitted that during the pendency of the writ Appeal the petitioner has given the consent for issuing the modified sanction plan. Accordingly the plan stands modified and the revised plan is also issued to - 3 - HC-KAR NC: 2025:KHC-D:9455-DB WA No. 100646 of 2024 the petitioner. The copies of the consent and the modified sanction plan are herewith produced as Documents No.1 and 2. Hence the order passed by the Single Judge may kindly be set aside and the Writ Appeal may kindly be disposed of in terms of the modified sanction plan in the interest of justice and equity.” 4. In view of the aforesaid memo, we are of the considered view that the appellant has issued the modified sanction plan to the respondent and in view of the same, nothing remains to be adjudicated with regard to the dispute between the parties. With the above observations, the appeal is disposed off. Pending I.As are disposed of. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 25