Disposed

Smt. Neelam W/O Oshripad Betgeri v. the Deputy Commissioner

Karnataka HC22 Sept 2021WP/101421/2018

Case brief

AI extract

What is this about?

Writ petition filed to quash a circular under Articles 226 and 227 of the Constitution. Counsel for petitioners requested disposal reserving liberty. Court disposed of the matter reserving liberty to petitioners to resort to other legal remedies.

What did the court decide?

Petition disposed off reserving liberty in favour of the petitioners to take to recourse to such remedies as available in law.

Smt. Neelam W/O Oshripad Betgeri Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.101421/2018 (LB-RES)

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BETWEEN:

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1 . SMT.NEELAM W/O SHRIPAD BETGERI BY G P A HOLDER ANAND S/O SHIVAMURTEPPA BETAGERI, AGE: 34 YEARS, OCC: BUSINESS, R/O: LAXMI FOOT WEAR SHOP NO.1 BLOCK NO.1, IDSMT COMPLEX, HAVERI-581110.

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2 . RAJSHAKER S/O SHIVAPPA KORISHETTER AGE: 40 YEARS, OCC: BUSINESS, R/O: GEETA TRADERS (KIRAN SHOP) NO.4 BLOCK NO.2, IDSMT COMPLEX, HAVERI-581110.

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3 . MADANLAL S/O KISHOR KUMAR SANGHAVI AGE: 42 YEARS, OCC: BUSINESS, R/O: HIMALAYA TRADERS SHOP (READYMADE GARMENT) NO.8, BLOCK NO.1, IDSMT COMPLEX, HAVERI-581110.

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4 . SHIVANAND S/O VEERSANGAPPA KUDARI AGE: 43 YEARS, OCC: BUSINESS, R/O: SHIVA DRESSLAND SHOP NO.1 BLOCK NO.2, IDSMT COMPLEX, HAVERI-581110.

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5 . RAMESH S/O BHAICHANDBHAI KOTAK AGE: 61 YEARS, OCC: BUSINESS, R/O: SAVANUR KHARA AND SWEETS SHOP NO.5, BLOCK NO.2, IDSMT COMPLEX,

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HAVERI-581110.

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6 . GOVINDRAM S/O PHOOLCHANDJI KHANDEWAL AGE: 57 YEARS, OCC: BUSINESS, R/O: JEEN BHAVANI DRESSES (GARMENT) SHOP NO.8, BLOCK NO.2, IDSMT COMPLEX, HAVERI-581110.

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7 . C.F. KARIYAPPANAVAR BY G P A HOLDER DEEPAK S/O GOPALKRISHNA HULLUR AGE: 46 YEARS, OCC: BUSINESS, R/O: SONY DRESS PALACE SHOP NO.7, BLOCK NO.2, IDSMT COMPLEX, HAVERI-581110.

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8 . RAMESH S/O SHESHMALJI KHANDELWAL AGE: 58 YEARS, OCC: BUSINESS, R/O: MEENU TEXTILES, SHOP NO.2, BLOCK NO.2, IDSMT COMPLEX, HAVERI-581110.

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9 . BABURAO S/O HEMADRAPPA KALAL AGE: 60 YEARS, OCC: BUSINESS, R/O: VIJAYALAXMI JEWELLERS SHOP NO.3, BLOCK NO.2, IDSMT COMPLEX, HAVERI-581110.

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10 . JAYSHANKARLAL S/O NARAYANBHAI PATEL AGE: 57 YEARS, OCC: BUSINESS, R/O: POONAM PLYWOOD AND HARDWARE, SHOP NO.6, BLOCK NO.1, IDSMT COMPLEX, HAVERI-581110.

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11 . BASAVRAJ S/O GUNDAPPA GUNDANAHALLI AGE: 55 YEARS, OCC: BUSINESS, R/O: AARPANA PHOTO STUDIO, SHOP NO.2, BLOCK NO.2, 1^ST FLOOR, IDSMT COMPLEX, HAVERI-581110.

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12 . SHIVAJI S/O YALLAPPA PAWAR SINCE DECEASED BY LRS,

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SHRIKANT S/O SHIVAJI PAWAR, AGE: 28 YEARS, OCC: BUSINESS, R/O: MANJUNATH METALS, BLOCK NO.1, SHOP NO.3, IDSMT COMPLEX, HAVERI-581110.

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13 . SAVITRI W/O LATE SHIVAJI PAWAR AGE: 46 YEARS, OCC: TAILORING, R/O: BLOCK NO.3/B, SHOP NO.9, IDSMT COMPLEX, HAVERI-581110.

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...PETITIONERS

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(BY SRI. DEEPAK MAGANUR, ADVOCATE)

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AND:

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1 . THE DEPUTY COMMISSIONER HAVERI DISTRICT, HAVERI-580111.

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2 . THE ASSISTANT COMMISSINER HAVERI-580111.

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3 . THE PRESIDENT TOWN MUNICIPAL COMMISSIONER, CITY MUNICIPAL COUNCIL, HAVERI, DIST: HAVERI-580111.

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... RESPONDENTS

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(BY SRI. V.S.KALASURMATH, HCGP FOR R1 & R2; NOTICE TO R3 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR NAE/509/GEL/2014 BENGALURU DATED 14/08/2015 VIDE ANNEXURE-C AS THE SAME ARE ILLEGAL, ARBITRARY AND WITHOUT THE AUTHORITY OF LAW & ETC.

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THIS PETITION COMING ON FOR ORDER, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioners have sought for the following reliefs:

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i. Issue a writ of certiorari or any other appropriate writ, order quashing the circular NAE/509/GEL/2014 Bengaluru dated 14/08/2015 vide Annexure-C as the same are illegal, arbitrary and without the authority of law.

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ii. Issue any other order or directions as this Hon’ble Court deems fit to pass in the circumstances of the case, in the interest of justice and equity.

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Heard learned counsel for the petitioners

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and learned HCGP for the respondent Nos.1 and 2. Perused the material on record.

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After arguing the matter for some time, learned counsel for the petitioners submits that the petition may be disposed off reserving liberty in favour of the petitioners to recourse to such remedies as available in law.

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The said submission of learned counsel is placed on record. Petition is disposed off reserving liberty in favour of the petitioners to take to recourse to such remedies as available in law.

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SD JUDGE

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CLK

Smt. Neelam W/O Oshripad Betgeri v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Smt. Neelam W/O Oshripad Betgeri v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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