Smt.Bramaramba W/O Late D. ... vs The State Of Karnataka
2022 Latest Caselaw 1574 Kant

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

        DATED THIS THE 2ND DAY OF FEBRUARY, 2022

                        PRESENT

          THE HON'BLE MR. JUSTICE S.G. PANDIT
                          AND
     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

             W.A. No. 100115/2020 (LB-RES)
BETWEEN:

1.     SMT.BRAMARAMBA,
       W/O LATE D. SHANKARA RAO
       AGED ABOUT:70 YEARS,
       OCC: AGRICULTURE,
       R/O: VIRUPURAGADDI,
       TQ: GANGAVATHI,
       DIST: KOPPAL-583 235.

2.   SRI. LAXMIGANESH S/O D. PRASAD
     AGED ABOUT:17 YEARS, OCC: STUDENT,
     REPRESENTED BY HIS NATURAL
     GUARDIAN MOTHER SMT. D JAYASHREE,
     AGED ABOUT:44 YEARS, OCC: AGRICULTURE,
     R/O: VIRUPAPURAGADDI, TQ: GANGAVATHI,
     DIST: KOPPAL-583 235.
                                  -   APPELLANTS
(BY SRI.JAGADISH PATIL, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF URBAN DEVELOPMENT,
       VIKASA-SOUDHA, BANGALURU-01
                          2



2.   THE COMMISSIONER
     HAMPI WORLD HERITAGE AREA
     MANAGEMENT AUTHORITY,
     HOSAPETE, TQ: HOSAPETE,
     DIST: BALLARI-583 201.

3.   THE DEPUTY COMMISSINER KOPPAL,
     TQ & DIST: KOPPAL-583 231.

4.   THE PANCHAYATH DEVELOPMENT OFFICER,
     SANAPUR GRAM PANCHAYAT,
     TQ: GANGAVATHI,
     DIST: KOPPAL-583 234.
                                -     RESPONDENTS
(BY SRI.PRASHANT F.GOUDAR,
ADVOCATE FOR CAVEATOR/RESPONDENT NO.2,
SRI.PRASHANT V. MOGALI, HCGP FOR R1, R3 & R4)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF

THE KARNATAKA HIGH COURT ACT PRAYING TO SET

ASIDE THE ORDER DATED 17.07.2020 PASSED BY THE

LEARNED SINGLE JUDGE IN W.P. NO. 147235/2020 & ETC.


     THIS WRIT APPEAL COMING ON FOR PRELIMINARY

HEARING THIS DAY, S.G. PANDIT J., PASSED THE

FOLLOWING:
                              3



                          ORDER

The petitioners were before this Court in W.P. No.

147235/2020 praying for a writ of mandamus directing the

respondents not to take any action of demolition/ removal

of the residential premises bearing N.A. No. 63/6 and 7/2

belonging to the petitioenr No.1 and bearing N.A. No. 63/7

and 983/09-10, belonging to the petitioner No.2, both are

part of Sy. No. 41/A, situated at Virupapapurgaddi village.

2. The learned Single Judge by order dated 17.07.2020

rejected the writ petition holding that, if any direction is

given, it would be contrary to the judgment rendered by

the Division Bench of this Court as well as the Hon'ble

Apex Court in Civil Appeal Nos.1443-1456/2020 in the

case of Sakkubai Etc. Vs. State of Karnataka and

others.

3. We have heard Sri Jagadish Patil, learned counsel

appearing for the appellants who has fairly submitted that

during the pendency of the writ petition, demolition has

already taken place. In view of the demolition which has

taken place during pendency of the writ petition, prayer of

the petitioner for mandamus not to take any action for

demolition/ remove the residential premises in the survey

number stated above, would no more survive for

consideration. It is open for the appellants to avail the

remedy available under law, if they are entitled to.

4. With the above observation, the writ appeal stands

disposed off.

All pending applications also stand disposed off.

Sd/-

JUDGE

Sd/-

JUDGE bvv