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2025 DAILYLAW 89237 (KAR)

AJJAMADA T CHENGAPPA v. THE STATE OF KARNATAKA

WP/31383/2024 · 2025-11-11

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 31383 OF 2024 (LB-RES) C/W WRIT PETITION NO. 31385 OF 2024 (LB-RES) WRIT PETITION NO. 35776 OF 2024 (LB-RES) IN WP No. 31383/2024 BETWEEN: AJJAMADA T CHENGAPPA, SON OF THIMMAIAH AJJAMADA BELLIAPPA, AGED ABOUT 44 YEARS, RESIDENT OF KURUCHI VILLAGE AND POST, KURUCHI, PONNAMPET, KODAGU DISTRICT - 571 217. …PETITIONER (BY SRI. VACHAN G A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ M.S BUILDING, BENGALURU - 560001. 2. THE THASILDAR, PONNAMPET TALUK, KODAGU DISTRICT - 571216. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 3. THE PANCHAYATH DEVELOPMENT OFFICER, KURCHI VILLAGE, SREEMANGALA, POONAMPET TALUK, KODAGU DISTRICT - 571217. AMENDED AS PER COURT ORDER DATED 03.03.2025 …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. P.B.ACHAPPA, ADVOCATE FOR RESPONDENT NO.3 SRI.DHANANJAY KUMAR, ADVOCATE FOR PROPOSED RESPONDENT ON I.A.NO.1/2025) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 07/11/2024 BEARING NO.PÀæ.¸ÀA./²æÃ.UÁæ.¥ÀA/53/2024-25 ISSUED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-E AND ETC. IN WP NO. 31385/2024 BETWEEN: AJJAMADA B MUTHAPPA, SON OF BIDDAPPA, AGED ABOUT 68 YEARS, RESIDENT OF KURCHI, VIRAJPET TALUK, KODAGU DISTRICT - 571 217. ...PETITIONER (BY SRI. VACHAN G A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S BUILDING, BENGALURU - 560 001. 2. THE THASILDAR, PONNAMPET TALUK, - 3 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 KODAGU DISTRICT - 571216. 3. THE PANCHAYATH DEVELOPMENT OFFICER, KURCHI VILLAGE, SREEMANGALA, POONAMPET TALUK, KODAGU DISTRICT - 571 217. AMENDED AS PER COURT ORDER DATED 03.03.2025 ...RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI.P.B. ACHAPPA, ADVOCATE FOR RESPONDENT NO.3 SRI.DHANANJAY KUMAR, ADVOCATE FOR PROPOSED RESPONDENT ON I.A.NO.1/2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 07/11/2024 BEARING NO.PÀæ.¸ÀA./²æÃ.UÁæ.¥ÀA/53/2024-25 ISSUED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-'D' AND ETC. IN WP NO. 35776/2024 BETWEEN: MR K SANJEEVA CARIAPPA @ KUPPANDA K. BOPANNA, S/O LATE K P CARIANNA, AGED ABOUT 41 YEARS, BHAVYA SADANA, IRPU ROAD, P.O. BOX NO.48, NEAR IRPU FALLS, VIRAJPET TAUK, KURCHI VILLAGE, KODAGU DISTRICT - 571217. ...PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, REP. BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, 4TH FLOOR, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE REGIONAL FOREST OFFICER, WILDLIFE AREA, SHREEMANGALA, PONNAMPET TALUK, KODAGU DISTRICT - 571 217. 3. DEPARTMENT OF TOURISM KODAGU, REP. BY ITS DEPUTY DIRECTOR, NEAR VATRHA BHAVAN, STEEVERT HILL ROAD, MADIKERI, KODAGU DISTRICT - 571201. 4. DEPARTMENT OF MINES AND GEOLOGY, MADIKERI, KODAGU DISTRICT - 571201 REP. BY SENIOR GEOLOGIST 5. PANCHAYATH DEVELOPMENT OFFICER, SHREEMANGALA VILLAGE PANCHAYATH, PONNAMPET, SHREEMANGALA, KODAGU DISTRICT - 571217. 6. DEPUTY COMMISSIONER, D.C. OFFICE COMPLEX MADIKERI, KODAGU DISTRICT - 571201. 7. THE TAHSILDAR, PONNAMPET TALUK, KODAGU DISTRICT - 571216. - 5 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 8. CONSERVATOR OF FOREST, KODAGU DISTRICT, ARAYANA BHAVAN, MADIKERI - 571201. 9. PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. 10. MR AJJAMADA T. CHANGAPPA, S/O AJAJMADA B. THIMMAIAH, R/AT KURCHI VILLAGE AND POST, PONNAMPET TALUK, KODAGU DISTRICT - 571216. 11. MR AJJAMADA B. MUTTHAPPA, S/O BIDDAPPA, R/AT KURCHI VILLAGE AND POST, PONNAMPET TALUK, KODAGU DISTRICT - 571216. ...RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4, RESPONDENT NOS.6 TO 9; SRI. ACHAPA, P.B., ADVOCATE FOR RESPONDENT NO.5; SRI.VACHAN GOWDA ADVOCATE FOR RESPONDENT NOS.10 AND 11) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 / PANCHAYATH DEVELOPMENT OFFICER SHREEMANGALA VILLAGE PANCHAYATH TO IMPLEMENT AND TO TAKE ACTION PURSUANT TO THE NOTICE DATED 07/11/2024 VIDE ANN-A AND A1 AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER Writ Petition No.35776/2024 is filed seeking for a writ in the nature of mandamus to direct respondent No.5 to implement and take action pursuant to the notice dated 07.11.2024. He has also sought for a direction to the respondents to take action against the illegal establishment of a holiday resort in survey Nos.98/8 and 87/62 situated at Kurchi Village, Shreemangala Hobli, Ponnampet Taluk, Kodagu District. 2. WP No.31383/2024 is filed challenging a notice bearing No.PÀæ.¸ÀA./²æÃ.UÁæ.¥ÀA/53/2024-25 dated 07.11.2024 issued by respondent No.3. Likewise, WP No.31385/2024 is filed challenging the notice bearing No. PÀæ.¸ÀA./²æÃ.UÁæ.¥ÀA/53/2024-25 dated 07.11.2024 issued by respondent No.3. 3. When this petition was taken up for Preliminary Hearing in ‘B’ Group, the learned counsel for the petitioner in WP No.35776/2024 submits that pursuant to the notice impugned in WP Nos.31383/2024 and 31385/2024, the panchayath has taken action and has cancelled the licence - 7 - HC-KAR NC: 2025:KHC:45877 WP No. 31383 of 2024 C/W WP No. 31385 of 2024 WP No. 35776 of 2024 issued to start the holiday resort and that the said order is now being challenged before the executive officer of the Taluk Panchayath. 4. In that view of the matter, all these petitions have become infructuous. Accordingly, all these petitions are dismissed as having become infructuous. 5. Pending IAs' if any, do not survive for consideration and the same stand rejected. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 53