Dismissed

Ramasa S/O Parashuram Pawar v. State of Karnataka

Karnataka HC9 Nov 2021WP/104059/2021

Case brief

AI extract

What is this about?

Writ petition filed under Articles 226 and 227 of the Constitution to quash a lease notification. The single-judge bench dismissed the petition as not pressed after the petitioner's counsel submitted a memo seeking withdrawal due to postponed auction proceedings, reserving liberty to challenge fresh auctions.

What did the court decide?

Petition dismissed as not pressed; liberty reserved to challenge fresh auction proceedings if initiated.

Ramasa S/O Parashuram Pawar Vs State… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 09^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.104059/2021 (LB-RES)

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BETWEEN:

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RAMASA S/O. PARASHURAM PAWAR, AGE 35 YEARS, OCC: BUSINESS, SHOP NO.12, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX,

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TQ. AND DIST. GADAG – 582103.

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MALLIKARJUN S/O. SANGAPPA HARLAPUR, AGE 36 YEARS, OCC: BUSINESS, SHOP NO.9, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX,

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TQ. AND DIST. GADAG – 582103.

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RAMESH S/O. SUNKAPPA MULGUND, AGE 38 YEARS, OCC: BUSINESS, SHOP NO.17, 23, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX,

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TQ. AND DIST. GADAG – 582103.

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MOHANSA S/O. REVANSA MEHARWADE, SINCE DECEASED R/BY.

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MANJUNATHSA S/O. MOHANSA MEHARWADE, AGE 40 YEARS, OCC: BUSINESS, SHOP NO.14, 15, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX,

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TQ. AND DIST. GADAG – 582103.

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PRAKASH S/O. CHANDRASHEKARAPPA ANGADI, AGE 41 YEARS, OCC: BUSINESS, SHOP NO.4, 5, 6, 7, 11, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX,

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: 2 :

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TQ. AND DIST. GADAG – 582103.

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UMESH S/O. SHANKARSA HABIB, AGE 39 YEARS, OCC: BUSINESS, SHOP NO.24, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX, TQ. AND DIST. GADAG – 582103.

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MOTILAL S/O. NAGASA KABADI, AGE 37 YEARS, OCC: BUSINESS, SHOP NO.3, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX, TQ. AND DIST. GADAG – 582103.

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EKNATHSA S/O. RAJANSA DALABANJAN YALLAPPA, S/O. EKNATHSA DALABANJAN, AGE 38 YEARS, OCC: BUSINESS, SHOP NO.8, NEAR MULGUND NAKA, LAL BAHADDUR SHASTRI COMPLEX, TQ. AND DIST. GADAG – 582103. …PETITIONERS

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(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, BENGALURU – 560001.

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THE DIRECTORATE, MUNICIPAL ADMINISTRATION, 9^TH AND 10^TH FLOOR, VISHWESHWARAIAH TOWER, SAMPANGI RAM NAGAR, AMBEDKAR VEEDHI, BANGALORE – 560001.

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THE DEPUTY COMMISSIONER, GADAG – 582101.

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GADAG BETAGERI CITY MUNICIPAL COUNCIL, GADAG BETAGERI, R/BY COMMISSIONER, TQ. AND DIST. GADAG – 582101. ..RESPONDENTS

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(SRI. V.S.KALASURMATH, HCGP FOR R1 TO 3)

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: 3 :

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE NOTIFICATION BEARING NO.GABE.NA.SA/KAM.VI/LEASE/ VA.HI.02/2021-22 DATED 30.09.2021 ISSUED BY RESPONDENT NO.3 AND 4 VIDE ANNEXURE-D INSOFAR AS SHOP NOS.3, 4, 5, 6, 7, 11, 9, 14, 15, 12, 17, 23 AND 24 OF MUNICIPAL COMPLEX (LAL BAHADUR SHASTRI COMPLEX), SITUATED NEAR MULAGUND NAKA.

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

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ORDER

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Learned HCGP accepts notice for respondents Nos.1 to 3.

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Learned counsel for the petitioner files a memo and submits that, the auction proceedings have been postponed for which, he seeks permission of this Court to withdraw the petition.

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The said memo is taken on record.

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In view of the submission and the memo filed, the petition is dismissed as not pressed.

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Liberty is reserved to the petitioner to challenge the fresh auction proceedings if at all initiated.

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Sd/JUDGE

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*Svh/-

Ramasa S/O Parashuram Pawar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ramasa S/O Parashuram Pawar v. State of Karnataka

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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