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2026 DAILYLAW 45514 (KAR)

SRI RAJAKUMAR U S v. KARNATAKA HOUSING BOARD

WP/2237/2019 · 2026-01-12

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1751 WP No. 2237 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2237 OF 2019 (LB-RES) BETWEEN: 1. SRI RAJAKUMAR U S S/O SRI. ULLI SHIVAPPA AGED ABOUT 53 YEARS 2. SMT. M.G. GANGAMMA W/O LATE SRI. ULLI RAMALINGAPPA AGED ABOUT 56 YEARS BOTH ARE R/O "SHIVRAGHA NILAYA", BEHIND TOWNMUNICIPAL COUNCIL, ULLISHIVAPPA LAYOUT, SHIKARIPURA TOWN, SHIVAMOGGA DISRICT PIN: 577 427. …PETITIONERS (BY SRI. SAGAR G. NAHAR, ADVOCATE) AND: 1. KARNATAKA HOUSING BOARD CAUVERY BHAVAN, K.G. ROAD, BANGLAORE - 560 009 REPRESENTED BY ITS CHAIRMAN 2. ASSISTANT EXECUTIVE ENGINEER PROJECT OFFICE, KARNATAKA HOUSING BOARD, SHIVAMOGGA CO-ORDINATING OFFICE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1751 WP No. 2237 of 2019 KALAHALLI, II PHASE SHIVAMOGGA PIN 577201. 3. TOWN MUNICIPAL COUNCIL SHIKARIPURA TOWN SHIVAMOGGA DISTRICT PIN:577 427 REPRESENTED BY ITS COMMISSIONER 4. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA PIN: 577 201. …RESPONDENTS (BY SRI.CHANDINI SINGH, HCGP FOR R4, SRI. PUSHPAKANTHA, ADVOCATE FOR R2, R1 AND R3 SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CARRY OUT THE PROPOSED DRAINAGE WORK WITOUT FOLLOWING THE DUE PROCESS OF LAW. IN THE ALTERNATIVE DIRECT THE RESPONDENTS TO FOLLOW THE PROCEDURE CONTEMPLATED UNDER SECTION 194 READ WITH 268 OF THE KARNATAKA MUNICIPALITIES ACT, IN THE EVENT THAT THE LAND OF THE PETITIONER IS REQUIRED FOR CONSTRUCTION OF UNDERGROUND DRAINAGE SYSTEM IN THE SHIKARIPURA TOWN AND ETC. - 3 - HC-KAR NC: 2026:KHC:1751 WP No. 2237 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “a) Directing the Respondents not to carry out the proposed drainage work without following the due process of law. b) Or in the alternative direct the Respondents to follow the procedure contemplated under Section- 194 read with 268 of the Karnataka Municipalities Act, in the event that the land of the petitioner is required for construction of Underground Drainage System in the Shikaripura Town. c) Allow the writ petition with costs and grant such other relief as this Hon’ble Court deem fit in the circumstances of the case.” 2. Learned counsel for the petitioner submits that the reliefs which have been sought for in the present matter have been rendered infructuous. - 4 - HC-KAR NC: 2026:KHC:1751 WP No. 2237 of 2019 3. Placing the submission on record, writ petition stands dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE JJ List No.: 1 Sl No.: 15