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2025 DAILYLAW 8511 (KAR)

BADAD KOGGANURU SHANTAMMA v. THE STATE OF KARNATAKA

WP/107819/2024 · 2025-02-07

Suraj Govindaraj

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2437 WP No. 107819 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107819 OF 2024 (LB-RES) BETWEEN: BADAD KOGGANURU SHANTAMMA SIDDAPPA MEMORIAL SEVA TRUST (R) 570/26-07, NO.812, 13TH CROSS, VIDYANAGAR, DAVANAGERE, R/BY ITS AUTHORIZED REPRESENTATIVE RAJENDRA PRASAD S/O. GURUSIDDANA GOUDA, AGED ABOUT 63 YEARS, OCC: BUSINESS, R/O. NO.5, GOUDRA STREET, SUNKADAKAL, GANGAMMANAHALLI, KOTTUR TALUK, VIJAYANAGAR DISTRICT. …PETITIONER (BY SRI. S.G. KADADAKATTI & SRI. AMIT ANADHALLI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ RURAL DEVELOPMENT, M.S. BUILDING, DR. B. R. AMBEDKAR VIDHI, BENGALURU-560001, R/BY ITS SECRETARY. 2. THE SUPERINTENDENT OF POLICE, VIJAYANAGAR DISTRICT, HOSAPETE-583201. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTURU CIRCLE, TQ: KOTTUR, DIST: VIJAYANAGAR-583134. 4. THE POLICE SUB INSPECTOR, KOTTUR POLICE STATION, TQ: KOTTURU, DIST: VIJAYANAGAR-583134. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 11:43:15 +0530 - 2 - NC: 2025:KHC-D:2437 WP No. 107819 of 2024 5. CHIEF EXECUTIVE OFFICER, TALUK PANCHAYAT, TQ: KOTTUR, DIST: VIJAYANAGAR-583134. 6. THE PANCHAYAT DEVELOPMENT OFFICER, UJJINI GRAM PANCHAYAT, TQ: KOTTUR, DIST: VIJAYANAGAR-583136. 7. SRI SRI SRI 1008 JAGDGURU SIDDALINGA RAJE DESHIKENDRA SHIVACHARYA BHAGAVTPAD MAHASWAMIGALU, UJJINI PEETHA, UJJINI, TQ: KOTTUR, DIST: VIJAYANAGAR-583136. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R4) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT/ORDER/DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTICE DATED 05.12.2024 IN NO.GRAPAMU/01/2024-25 AFFIXED BY THE 6TH RESPONDENT UJJINI GRAM PANCHAYAT ON THE PETITIONER’S BUILDING PREMISES PROPERTY NO.61/1 VIDE ANNEXURE-L BY ALLOWING THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE DIRECTION TO THE 2ND RESPONDENT THE SUPERINTENDENT OF POLICE VIJAYANAGAR DISTRICT HOSPET DIRECTING THE 4TH RESPONDENT KOTTUR POLICE NOT TO INTERFERE IN THE FINISHING WORK OF THE PETITIONER’S BUILDING IN ANY MANNER AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:2437 WP No. 107819 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 4. 2. The petitioner is before this court seeking for the following reliefs: a) Issue appropriate writ/order/direction in the nature of certiorari to quash the impugned notice dated 05.12.2024 in no.grapamu/01/2024-25 affixed by the 6th respondent Ujjini gram panchayat on the petitioner’s building premises property no.61/1 vide Annexure-L by allowing the writ petition in the interest of justice and equity; b) Issue direction to the 2nd respondent the superintendent of police Vijayanagar District Hospet directing the 4th respondent Kottur Police not to interfere in the finishing work of the petitioner’s building in any manner. c) Pass such other suitable order/s as this Hon’ble Court deems fit in the facts and circumstances of the case. 3. Memo dated 07.02.2025 has been filed signed by counsel for the petitioner, which reads as under: “That the petitioner kindly be permitted to withdraw the above writ petition and permitted to file fresh writ petition on the same cause of action in view of the office objection raised by this Registry by allowing the memo in the ends of justice and equity. Hence this memo.” - 4 - NC: 2025:KHC-D:2437 WP No. 107819 of 2024 4. Accepting the said memo, petition is dismissed as withdrawn. 5. In view of disposal of the main matter, pending I.A. does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 39