The High Court disposed of these writ petitions by relying on the order passed in W.P.No.40/2013 dated 10.04.2013 without addressing the substantive issues de novo.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22ND DAY OF APRIL 2013
BEFORE
THE HON'BLE MR. JUSTICE A.S.BOPANNA
WRIT PETITION NOS.1258-59/2013 (LB-BMP)
BETWEEN :
1 SRI B NAGESH AGED ABOUT 43 YEARS S/O M BHADRAIAH
2 SRI B DINESH AGED ABOUT 40 YEARS S/O N BADRAIAH R/A T IMMADIHALLI VILLAGE HAGADUR DHAKALE, K R PURAM HOBLI BANGALURU 560048
REPRESENTED BY THEIR GPA HOLDER M/S SAROJ GROUP HAVING OFFICE AT NO.5 SILVER SPRING ROAD MUNNEKOLALA, MARATHAHALLI POST BANGALORE 560037 REPRESENTED BY ITS PROPRIETOR SRI CHAKRADHAR S/O VENKATESHWARALU AGED ABOUT 34 YEARS. ...PETITIONERS ( By Sri. S V MANJUNATH, FOR M/S.NISARGA LAW ASSTS., ADVS. )
AND :
1 THE CHIEF SECRETARY STATE OF KARNATAKA
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VIDHANA SOUDHA AMBEDKAR VEEDI BANGALORE 560 001
2 THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA APLIKE J C ROAD, N R SQUARE BANGALORE SOUTH, BANGALORE 2
3 THE ASSISTANT DIRECTOR TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-48. ...RESPONDENTS
( By Sri.N B VISHWANATH, AGA FOR R-1; SRI.B.V.MJURALIDHAR, ADV. FOR R-2&3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNEXURE-F DATED 28.9.2012 PASSED BY THE 1ST RESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS COSNEQUENTIAL IMPUGNED NOTICE VIDE ANNEXURE-A DATED 26.12.2012 PASSED BY THE THIRD RESPONDENT, ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The issues raised in the instant petitions are similar to the issues, which have been considered by this Court while disposing of W.P.No.40/2013 and connected petitions disposed of on 10.04.2013. Hence, for the reasons assigned in the said order, the instant petitions are also disposed of in
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similar terms. The operative portion of the order passed in W.P. No.40/2013 and connected petitions shall apply as direction in the instant petition as well. Hence, Registry to issue the operative portion of the order in W.P.No.40/2013 along with a certified copy of this order to the petitioner.
In terms of the above, these petitions stand disposed of.
SD/JUDGE
KNM/-
SRI B NAGESH AND ANR.
THE CHIEF SECRETARY STATE OF KARNATAKA
A.S.BOPANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
