Disposed

Shri Basavaraj Shivasangappa Kadapatti v. the Chief Officer

Karnataka HC16 Sept 2021WP/148040/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by property owners seeking directions to remove illegal hawkers from their commercial complex abutting State Highway No.20. The Court directed the respondents to expedite the action recommended in a prior notification issued to them.

What did the court decide?

Directing the 2nd and 3rd respondents to take appropriate steps to address the grievance of illegal hawkers as per the notification dated 21.07.2020.

Shri Basavaraj Shivasangappa Kadapatti Vs the… — 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 16^TH 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.148040/2020(LB-RES)

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BETWEEN

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SHRI BASAVARAJ SHIVASANGAPPA KADAPATTI AGE: 25 YEARS, OCC: AGRICULTURE, R/O: MAHANTNAGAR, HUNGUND, DIST: BAGALKOTE-587118.

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LATA W/O BASAVARAJ KADAPATTI, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O: MAHANTNAGAR, HUNGUND, DIST: BAGALKOTE-587118.

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SHIVASANGAPPA BASAVARAJ KADAPATTI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: MAHANTNAGAR, HUNGUND, DIST: BAGALKOTE-587118.

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MAHANTESH SHIVASANGAPPA KADAPATTI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: MAHANTNAGAR, HUNGUND, DIST: BAGALKOTE-587118.

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CHANNABASAVARAJ SHIVASANGAPPA KADAPATTI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: MAHANTNAGAR, HUNGUND, DIST: BAGALKOTE-587118.

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...PETITIONERS

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(BY SRI VITTHAL S. TELI, ADVOCATE)

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AND:

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THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, HUNGUND, WARD NO.5, HUNGUND-587118.

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THE EXECUTIVE ENGINEER, PUBLIC WORK DEPARTMENT (PWD), NAVANAGAR, BAGALKOTE- 787118.

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THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORK DEPARTMENT (PWD), WARD NO.5, HUNGUND, DIST: BAGALKOTE-587118.

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…RESPONDENTS

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(BY SRI J.S.SHETTY, ADVOCATE FOR R-1) (BY SRI V.S.KALASURMATH, HCGP FOR R-2 AND 3

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ORDER OR APPROPRIATE WRIT IN NATURE OF DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 07.07.2020 VIDE ANNEXUREC TO TAKE APPROPRIATE/NECESSARY STEPS/ACTIONS TO EVICT OR REMOVE OR TAKE NECESSARY ACTION AGAINST THE ILLEGAL AND UNLAWFUL HAWKERS, LOCAL VENDORS HAVE PUT UPPED THEIR PUSH CARTS, STALLS IN FRONT OF THE PETITIONERS COMMERCIAL COMPLEX NAME AND STYLED AS KADAPATTI COMPLEX ABUTTING TO STATE HIGHWAY NO.20 CALLED AS BACHI-RAICHUR STATE HIGHWAY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING B GROUP, 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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Issue a writ of mandamus or order or appropriate writ in the nature of direction directing the respondents to consider the representation dated 07.07.2020 vide Annexure-C to take appropriate/necessary steps/actions to evict or remove or take necessary action against the illegal and unlawful hawkers, local vendors have put upped their push carts, stalls in front of the petitioners commercial complex name and styled as Kadapatti complex abutting to state highway No.20 called as Bachi-Raichur state highway.

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Heard learned counsel for the petitioners

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and learned counsel for the respondent No.1 as well as learned HCGP for respondent Nos.2 and 3. Perused the material on record.

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In addition to reiterating the various contentions put forth in the memorandum of writ

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petition and referring to the documents produced by the petitioners, it is grievance of the petitioners that pursuant to the representation at Annexure-C dated 07.07.2020 submitted to the respondent Nos.1 to 3, the 1^st respondent-Town Municipal Council has intimated the petitioners vide Annexure-D dated 21.07.2020 that the respondent Nos.2 and 3 have been asked to take necessary action to address the grievance of the petitioners. It is submitted that since no action pursuant to Annexure-D dated 21.07.2020 has been taken by respondent Nos.2 and 3, petitioners are before this Court by way of present petition.

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In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose off this writ petition directing the 2^nd and 3^rd respondents to take appropriate steps in accordance with law pursuant to Annexure-D dated 21.07.2020 as expeditiously as possible.

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Subject to the aforesaid direction, writ petition

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stands disposed off.

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SD JUDGE

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CKK

Shri Basavaraj Shivasangappa Kadapatti v. the Chief Officer

Case brief

What is this about?

What did the court decide?

Shri Basavaraj Shivasangappa Kadapatti v. the Chief Officer

Case brief

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