Sri M K Rajashekar v. State of Karnataka
Case brief
What is this about?
Writ petition challenging Deputy Commissioner's order affirming a resolution to utilize petitioner's property as a park. Court allowed petition, quashed impugned order, and remitted matter for fresh hearing with impleadment of Urban Development Authority and a mandatory spot inspection.
What did the court decide?
Writ petition allowed, impugned order quashed, matter remitted to Deputy Commissioner to implead Authority, conduct spot inspection, and pass final order within 3 months.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.17106/2012 (LB - RES)
BETWEEN
SRI.M.K.RAJASHEKAR, S/O LATE KUPPASWAMY MUDALIAR, AGED ABOUT 58 YEARS, RESIDING AT NO.4166, DANDU ROAD, BANGARPET TOWN, KOLAR DISTRICT - 563 114.
... PETITIONER
[BY SRI.S.VISWESWARAIAH, ADVOCATE (PHYSICAL HEARING)]
AND
- STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001.
Issues for consideration
2 issues framed by the court
Whether the order of the Deputy Commissioner affirming the resolution to convert petitioner's private property into a park permits the Authority to be impleaded.
Whether a spot inspection is necessary to verify the veracity of conflicting resolutions before passing a final order.
Parties & counsel
- petitioner
Sri. M.K. Rajashekar
- respondent
State of Karnataka, represented by its Secretary, Department of Municipal Administration
- respondent
The Deputy Commissioner, Kolar District
- respondent
The Chief Officer, Town Municipal Council, Bangarpet
- respondent
Sri. Chandrappa
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- WP/17106/2012
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