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2025 DAILYLAW 69178 (KAR)

TOWN CO OPERATIVE SOCIETY LTD v. STATE OF KARNATAKA

WP/16256/2023 · 2025-12-18

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54399 WP No. 16256 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 16256 OF 2023 (LB-RES) BETWEEN: TOWN CO OPERATIVE SOCIETY LTD DABBEGATTA ROAD TURUVEKERE-572227 TUMKUR DISTRICT, BY ITS CHIEF EXECUTIVE OFFICER(CEO), [REGISTERED UNDER THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959] …PETITIONER (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT URBAN DEVELOPMENT, MS BUILDING, BANGALORE-560001, REP BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, V.V. GOPURU, B. R. AMBEDKAR VEDHI, BENGALURU-560001. 3. PROJECT DIRECTOR URBAN DEVELOPMENT DEPARTMENT, DEPUTY COMMISSIONER OFFICE, TUMKURU-572103. 4. THE TOWN PANCHAYAT TURUVEKERE-572227, REP BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. B.BOPANNA, AGA FOR R1 TO R3 SRI. V. MANJUNATH PRASAD, ADVOCATE FOR R4) Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54399 WP No. 16256 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.4 DATED 19/04/2023 IN NO.vÀÄ¥À¥ÀA/PÀA.±Á/¹.Dgï/06/2023-24 IS HEREWITH PRODUCED AS ANNEXURE-M 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 challenged an endorsement bearing No.vÀÄ¥À¥ÀA/PÀA.±Á/¹.Dgï/06/2023-24 dated 19.04.2023 issued by the respondent No.4. It has sought for a direction to the respondent No.4 to issue the licence/permission for the purpose of construction of a building vide application filed on 07.03.2022 and 17.09.2022 before the respondent No.4 by considering the representation dated 20.10.2022. 2. Briefly stated, the facts of the case are that the petitioner had requested the respondent No.4 for sanction of a building plan to construct a building on a property belonging to it. The respondent No.4 in terms of the impugned endorsement had rejected the request on the ground that certain money - 3 - HC-KAR NC: 2025:KHC:54399 WP No. 16256 of 2023 deposited by the respondent No.4 in the petitioner was not repaid. 3. Now that the petitioner has paid up the sum of Rs.21,46,456/- along with interest of Rs.6,42,387/-, and the respondent No.4 undertakes to process the application of the petitioner for sanction of the plan, it is appropriate to dispose of this writ petition by quashing the endorsement issued by the respondent No.4 and directing respondent No.4 to consider the request of the petitioner in accordance with law. 4. The writ petition stands disposed off on the above terms. The respondent No.4 shall consider the request of the petitioner and sanction the plan in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 4