Petitioner sought quashing of an endorsement allowing construction and a mandamus for permission to build. The petitions were dismissed as infructuous after the Respondent withdrew the objection via a memo.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 27TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO.101296/2018 (LB-RES) AND WRIT PETITION NO.101548/2018
BETWEEN : SMT. NIVEDITA W/O BASATEPPA HALKURNI, AGED: 35 YEARS, OCC: HOMEMAKER, R/O: MAHANTESH NAGAR, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI, THROUGH HER POWER OF ATTORNEY HOLDER, SHASHIDAR GANGADHARAPPA MALWAD, AGE: 68 YEARS, OCC: BUSINESS, R/O: MAHANTESH NAGAR, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI.
...PETITIONER
(BY SRI V.M.SHEELVANT AND SRI.S.H.MITTALKOD, ADVOCATES)
AND :
THE TOWN MUNICIPAL COUNCIL RAMDURG, REPRESENTED BY ITS CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, RAMDURG-591123. (NOTICE TO SOLE RESPONDENT-SERVED)
…RESPONDENT
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
2
NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE REPLY/ ENDORSEMENT BEARING NO.KASA/PUSARA/KAVI/SIAR/KAPPA /2017-18/351 ISSUED BY THE TOWN MUNICIPAL COUNCIL DATED 30.01.2018 PRODUCED AT ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION MADE BY THE PETITIONER TO SEEK PERMISSION TO MAKE CONSTRUCTION IN BOTH THE PLOTS I.E., PLOT NO.32 AND 33 OF RTC NO.38/3 IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner filed memo dated
23.08.2021, which reads as under :
“Respondent has permitted construction of building in TMC No.32 and 33 and as per the sanctioned plan that petitioner is constructing the building in TMC No.32 and 33 of RTC No.38/3. Hence, it is prayed that the Hon’ble court be pleased to dismiss the above petition as withdrawn for having become infructuous.”
The said memo is placed on record.
In view of the memo, petitions are dismissed as having
become infructuous.
SD JUDGE
CKK
Smt. Nivedita W/o Basateppa Halkurni
The Town Municipal Council Ramdurg
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
