Karnataka High Court
Sri Ravi vs Hassan Urban Development ... on 9 October, 2023
Bench: Chief Justice, Krishna S Dixit
-1-
NC: 2023:KHC:36686-DB
WA No. 186 of 2023
C/W WA No. 190 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 186 OF 2023 (LB-RES) C/W
WRIT APPEAL NO. 190 OF 2023 (LB-RES)
IN WRIT APPEAL NO. 186 OF 2023
BETWEEN:
1. SRI RAVI
S/O THIMMEGOWDA
AGED ABOUT 43 YEARS
R/A VIDYANAGAR
HASSAN - 573 202.
2. SRI U SIDDEGOWDA
S/O UYYALEGOWDA
AGED ABOUT 39 YEARS
Digitally signed R/A CHAITANYA NILAYA
by AMBIKA H B
ASHOK ROAD, VIDYANAGAR
Location: HIGH HASSAN - 573 202.
COURT OF
KARNATAKA
3. SRI DILEEP KUMAR
S/O PAPEGOWDA
AGED ABOUT 44 YEARS
R/A VIDYANAGAR
HASSAN - 573 202.
4. SMT. POORNIMA B
D/O BASAVALINGAIAH
AGED 45 YEARS
R/A SUSHIMA NILAYA
VIDYANAGAR
HASSAN - 573202
-2-
NC: 2023:KHC:36686-DB
WA No. 186 of 2023
C/W WA No. 190 of 2023
5. SMT. ROHINI H.C.
W/O RAVI SHEKHAR M.T.
AGED 47 YEARS
R/A BEHIND LADIES HOSTEL
VIDYANAGAR, HASSAN - 573 202.
...APPELLANTS
(BY SRI. K V NARASIMHAN, ADVOCATE)
AND:
1. HASSAN URBAN DEVELOPMENT AUTHORITY
OPP. GURU THEATRE,
B.M. ROAD, HASSAN - 573201
BY ITS COMMISSIONER.
2. SATHYAMANGALA GRAMA PANCHAYAT
BY ITS PANCHAYAT DEVELOPMENT OFFICER,
HASSAN TALUK AND DISTRICT - 573 201.
3. HASSAN CITY MUNICIPALITY
N.R. CIRCLE, HASSAN - 573201
REP. BY ITS COMMISSIONER
4. THE DEPUTY COMMISIONER
HASSAN DISTRICT,
HASSAN - 573 201.
5. SUPERINTENDENT OF POLICE
HASSAN DISTRICT,
HASSAN - 573 201.
6. THE SUB INSPECTOR OF POLICE
EXTENSION POLICE STATION
HASSAN - 573 201.
7. THE INSPECTOR OF POLICE
HASSAN TRAFFIC POLICE STATION,
NEAR EXTENSION POLICE STATION,
HASSAN - 573 201.
8. THE KARNATAKA STATE POLLUTION CONTROL BOARD
PLOT NO.1A, PARISARA BHAVANA, C-BLOCK,
B.KATIHALLI INDUSTRIAL AREA, B.M.ROAD,
HASSAN - 573 201.
9. SRI NARAYANAGOWDA
AGED 72 YEARS,
S/O LATE CHANNEGOWDA,
-3-
NC: 2023:KHC:36686-DB
WA No. 186 of 2023
C/W WA No. 190 of 2023
OWNER OF NCN CONVENTIONA HALL,
R/A KALLARE KOPPALU, KATTAYA HOBLI,
HASSAN TALUK AND DISTRICT - 573 201.
...RESPONDENTS
(SRI. A RAVISHANKAR.,ADVOCATE FOR R1 & R3
SRI M.S. DEVARAJU, ADVOCATE FOR R2
SMT. NILOUFER AKBAR, AGA FOR R4 TO R7
SRI NATARAJU T., ADVPCATE FOR R8
SRI H.N. BASVARAJU, ADVOCATE FOR R9)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE
ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP NO.8827/2022
DATED 14/12/2022 AND ETC.
IN WRIT APPEAL NO. 190 OF 2023
BETWEEN:
1. SRI RAVI
S/O THIMMEGOWDA
AGED ABOUT 43 YEARS,
R/AT VIDYANAGAR,
HASSAN - 573 202.
2. SRI U SIDDEGOWDA
S/O UYYALEGOWDA,
AGED ABOUT 39 YEARS,
R/AT CHAITANYA NILAYA ASHOK ROAD,
VIDYANAGAR,
HASSAN -573 202.
3. SRI DILEEP KUMAR
S/O PAPEGOWDA
AGED ABOUT 44 YEARS,
R/AT VIDYANAGAR
HASSAN -573202.
4. SMT POORNIMA B
D/O BASAVALINGAIAH,
AGED ABOUT 45 YEARS,
R/AT SUSHIMA NILAYA VIDYANAGAR
HASSAN - 573 202.
-4-
NC: 2023:KHC:36686-DB
WA No. 186 of 2023
C/W WA No. 190 of 2023
5. SMT. ROHINI H.C.
W/O RAVI SHEKHAR M T
AGED ABOUT 47 YEARS,
R/AT BEHIND LADIES HOSTEL,
VIDYANAGAR,
HASSAN - 573 202.
...APPELLANTS
(BY SRI K.V. NARASIMHAN., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
VIKAS SOUDHA,
BENGALURU - 560 001.
2. HASSAN URBAN DEVELOPMENT AUTHORITY
OPP GURU THEATRE,
B.M. ROAD, HASSAN-573 201,
BY ITS COMMISSIONER.
3. CITY MUNICIPAL COUNCIL
N.R. CIRCLE, HASSAN-571187,
REPRESENTED BY ITS COMMISSIONER.
4. SATHYAMANGALA GRAMA PANCHAYAT
BY ITS PANCHAYAT DEVELOPMENT OFFICER,
HASSAN TALUK AND DISTRICT-638401.
5. SRI NARAYANAGOWDA
AGED 72 YEARS S/O LATE CHANNEGOWDA
OWNER OF NCN CONVENTION HALL,
R/AT KALLARE KOPPALU KATTAYA HOBLI
HASSAN TALUK AND DISTRICT- 573 201.
6. SMT ARPITA
D/O SHANKAR,
AGED ABOUT 32 YEARS,
R/AT LAKSHMI KRUPA NILAYA,
ASHOI ROAD VIDYANAGAR,
HASSAN -573 202.
7. SRI SIDDALINGEGOWDA
S/O BOREGOWDA,
AGED ABOUT 57 YEARS,
R/AT BEHIND LADIES HOSTEL,
-5-
NC: 2023:KHC:36686-DB
WA No. 186 of 2023
C/W WA No. 190 of 2023
VIDYANAGAR,
HASSAN - 573 202.
...RESPONDENTS
(SMT. NILOUFER AKBAR, AGA FOR R1,
SRI. A RAVISHANKAR.,ADVOCATE FOR R2,
SRI H.N. BASVARAJU, ADVOCATE FOR R5 &
R3 & R7 ARE SERVED )
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT
ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE PASSED IN WP No.222825/2022 (LB-RES)
DATED 14.12.2022 & ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, CHIEF
JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
1. These writ appeals are directed against the order dated
14.12.2022 passed by the learned Single Judge in Writ Petition
No.8827/2022 c/w Writ Petition No.22825/2022.
2. By the impugned order, the petitioners (appellants herein)
and respondent No.9 in the writ petitions were relegated to
respondent No.3 - Authority who, in turn, was directed to conduct
an inquiry and pass appropriate orders after affording sufficient
opportunity of hearing to the parties. In para 7 of the said order, it
was made clear that all contentions which the petitioners and
respondent No.9 have urged or are intending to urge in the writ
petitions are left open.
NC: 2023:KHC:36686-DB
WA No. 186 of 2023
C/W WA No. 190 of 2023
3. It is brought to the notice of this Court that pursuant to the
order passed by the learned Single Judge, respondent No.3 -
Authority has taken a decision and passed an order dated
27.06.2023, a copy of which is produced as Document No.2. If the
appellants are aggrieved by the decision taken by the Authority,
they are at liberty to challenge the same before the appropriate
forum, if so advised.
With the above observations, the writ appeals are disposed
of.
In view of disposal of the writ appeals, pending interlocutory
applications do not survive for consideration and stand disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
