Yashodhamma vs State Of Karnataka
2023 Latest Caselaw 4825 Kant

                                             -1-
                                                    NC: 2023:KHC:25764
                                                     WP No. 15008 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF JULY, 2023

                                           BEFORE

                            THE HON'BLE MR JUSTICE R DEVDAS

                        WRIT PETITION NO. 15008 OF 2023 (LB-RES)

                   BETWEEN:

                   1.   YASHODHAMMA
                        W/O NARAYANAPPA
                        AGED ABOUT 68 YEARS
                        R/O HOSAPETE EXTENSION
                        HALESORABA
                        SORABA-577429
                        SHIVAMOGGA DISTRICT.

                   2.   MARUTESHA B
                        S/O LATE BASAPPA B
                        AGED ABOUT 52 YEARS
                        C/O JAYALAKSHMI
Digitally signed
by JUANITA              AT/POST-SRIRAMPURA
THEJESWINI              HOSADURGA TALUK
Location: HIGH
COURT OF                CHITRADURGA DISTRICT.
KARNATAKA

                   3.   PUTTAPPA H
                        S/O LATE HANUMANTHAPPA
                        SINCE DECEASED REPRESENTED BY

                        KAMALAMMA
                        W/O LATE PUTTAPPA H
                        AGED ABOUT 70 YEARS
                        R/O D.NO.9/76, PAPER TOWN
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                                   NC: 2023:KHC:25764
                                      WP No. 15008 of 2023




     BHADRAVATHI-577301
     SHIVAMOGGA DISTRICT
     PRESENTLY R/A "ASHWINI NILAYA"
     SHARADA COMPLEX
     OPPOSITE TO PADMA TALKIES
     GOPALA EXTENSION
     SHIVAMOGGA-577201.
                                             ...PETITIONERS
(BY SRI. S V PRAKASH., ADVOCATE)

AND:
1.   STATE OF KARNATAKA
     URBAN DEVELOPMENT DEPARTMENT
     VIKASA SOUDHA
     BENGALURU-560001
     BY ITS PRINCIPAL SECRETARY.

2.  SHIVAMOGGA-BHADRAVATHI
    URBAN DEVELOPMENT AUTHORITY
    SHIVAMOGGA-577201
    (SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY)
    BY ITS COMMISSIONER.
                                        ...RESPONDENTS
(BY SRI. NITHYANANDA K.R., AGA FOR R1
    SRI. A.V.GANGADHARAPPA., ADVOCATE FOR R2)


       THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER/COMMUNICATION ALL DTD 02/11/2021
SERVED ON PETITIOENRS BY RESPONDENT NO.2 VIDE NO.
SHI.NA.PRA/NI.SHA/2/NI.NUM.E-156/2011-12/2170     AS   PER
ANNEXURE-D, G AND L, RESPECTIVELY AND ETC.

       THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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                                       NC: 2023:KHC:25764
                                            WP No. 15008 of 2023




                          ORDER

R.DEVDAS J., (ORAL):

Learned Counsel for the petitioners submits that the

petitioners are aggrieved of the orders of cancellation of

allotment at the hands of the respondent-Shivamogga-

Bhadravathi Urban Development Authority (SBUDA).

2. However, this Court in a series of judgments in

W.P.No.14430/2022 and connected matters, in the case of

Manjula and Others Vs. The State of Karnataka and

Others, by order dated 23.06.2023, partly allowed all the

writ petitions and set aside the orders of cancellation of

allotments. Learned Counsel for the petitioners prays for

similar relief.

3. Learned Counsel for the respondent-SUBDA,

submits that the writ petition may be allowed accordingly

on the same terms on which those writ petitions were

disposed of.

NC: 2023:KHC:25764 WP No. 15008 of 2023

4. Consequently, the writ petition is partly allowed.

The impugned orders of cancellation of allotment all dated

02.11.2021 at Annexures-D, G and L, are hereby quashed

and set aside. The matters stand remitted back to the

respondent-SBUDA, for reconsideration in similar terms as

was done in the case of Manjula (supra).

Ordered accordingly.

Sd/-

JUDGE

DL