State Of Karnataka vs Smt. Vanitha L
2021 Latest Caselaw 3150 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 13TH DAY OF AUGUST, 2021

                          PRESENT

       THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

                             AND

    THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

           WRIT APPEAL NO. 484 OF 2021(LB-RES)
                          C/W
           WRIT APPEAL NO. 489 OF 2021(LB-RES)

IN WA NO.484/2021
BETWEEN:

STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY TO GOVT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
BENGALURU 560001

                                               ...APPELLANT

(BY SRI.S.RAJASHEKAR, AGA)

AND:

1. SMT. VANITHA L
W/O. SRI. B V JAGDEESH,
AGED ABOUT 39 YEARS,
R/AT NO. 1644/A-1,
ASHRAY 1ST CROSS,
A BLOCK, SS LAYOUT,
DAVANAGERE 577006
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2. THE COMMISSIONER
DAVANAGERE AND HARIHARA
TOWN PLANNING AUTHORITY
DEVARAJ ARASU LAYOUT,
A BLOCK, PB ROAD,
DAVANAGERE-577 006

                                           ...RESPONDENTS

(BY SRI.SANTHOSH.S.GOGI, ADVOCATE FOR C/R1)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO 1.CALL FOR RECORDS 2. SET ASIDE THE
ORDER DATED 23.03.2021 IN W.P. NO. 337/2021 ( LB-RES)
PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT
APPEAL AND 3.PASS SUCH OTHER ORDER / ORDERS AS THIS
HONBLE COURT MAY DEEMS FIT.

IN WA NO.489/2021
BETWEEN:

THE COMMISSIONER
DAVANAGERE AND HARIHARA
TOWN PLANNING AUTHORITY,
DEVARAJ ARASU LAYOUT,
A BLOCK, PB ROAD,
DAVANAGERE 577006

                                              ...APPELLANT

(BY SRI.R L N MURTHY, ADVOCATE)

AND:

1. SMT. VANITHA L
WIFE OF SRI B V JAGDEESH,
AGED ABOUT 39 YEARS,
RESIDING AT 1644/A-1,
ASHRAY 1ST CROSS, A BLOCK SS LAYOUT,
                                3


DAVANGERE 577006

2. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA, BANGALORE 560001

                                               ...RESPONDENTS

(BY SRI.S.RAJASHEKAR, AGA)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO a)SET ASIDE THE ORDER DATED
23/03/2021 IN WP     NO.337/2021   (LB-RES) PASSED     BY THE
LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL
AND b)PASS SUCH OTHER ORDER/ORDERS.


     THESE APPEALS COMING ON FOR ORDERS THIS DAY,
SATISH CHANDRA SHARMA J., DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned Government Advocate was fair enough in

making a statement before this Court that the permission

granted to other individuals in respect of Sy.No.99/8 was

contrary to the development plan and they are initiating action

in the matter. He has stated that the aforesaid fact was not

brought to the notice of the learned Single Judge and

therefore, liberty be granted to file a review petition stating all

facts before the learned Single Judge.

2. The prayer made by the learned Government

Advocate is a genuine prayer and therefore, the writ appeal is

dismissed as withdrawn with liberty to file a review petition.

3. Learned Government Advocate has stated before

this Court that a contempt petition is also pending.

4. In the considered opinion of this Court, as now it

has been stated before this Court that permission was wrongly

granted to person owning land bearing Sy.No.99/8 as well as

in respect of other properties, the State Government is

certainly free to proceed ahead in accordance with law and for

a period of 15 days from today, there shall be no coercive

action against the appellant.

5. In the light of the aforesaid, the writ appeals stand

disposed of.

The pending interlocutory applications, if any, stand

disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

CA