Quashed

Sri M N Lingaraju v. the State of Karnataka

Karnataka HC11 Jul 2022WP/11526/2022

Case brief

AI extract

What is this about?

In WP No. 11526 of 2022, the High Court of Karnataka quashed a demolition notice issued by Respondent No.3 due to failure to refer to earlier court orders. The Court also directed disciplinary action against the official involved.

What did the court decide?

Notice No. SaKaaIm:Lo.E;U.V:Nam.Gu:Sa.Im-2: 2022-23 dated 25.05.2022 was quashed. Disciplinary action directed against Respondent No.3.

Sri M N Lingaraju Vs the State of Karnataka — Karnataka HC (2022) — LawSathi Research

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WP No. 11526 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.11526 OF 2022 (LA-RES)

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BETWEEN:

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SRI M N LINGARAJU

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S/O LATE NAGARAJ ALIAS NAGANNA AGED 76 YEARS SANGAM ROAD HULLAHALLI - 571 314 NANJANAGUD TALUK MYSORE DISTRICT

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…PETITIONER

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(BY SRI. ANANDARAMA K., ADVOCATE)

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AND:

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY ITS SECRETARY THE DEPARTMENT OF PUBLIC WORKS POST AND INLAND WATER TRANSPORT DEPARTMENT VIKASA SOUDHA DR AMBEDKAR VEEDHI BANGALORE - 560 001

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THE EXECUTIVE ENGINEER PUBLIC WORKS

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WP No. 11526 of 2022

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PORT AND INLAND WATER TRANSPORT DEPARTMENT MYSORE DIVISION

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MYSORE - 571 301

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THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT NANJANAGUD SUB DIVISION NANJANGUD - 571 301

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THE JUNIOR ENGINEER PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT NANJANAGUD SUB DIVISION NANJANGUD - 571 301

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THE SPECIAL LAND ACQUISITION OFFICER MYSORE SUB DIVISION DEPUTY COMMISSIONER OFFICE BUILDINGS MYSORE - 570 001

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…RESPONDENTS

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(BY SRI.NITHYANANDA K.R., AGA FOR R1 TO R5)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO ISSUANCE OF NOTICE NO.SAKAAIM.LO.E.U.V.NAM.GU.SA.IM.2.2022.23 DATED 25.05.2022 (ANNEXURE - S) PASSED BY THE R3; QUASHING THE NOTICE NO.SAKAAIM.LO.E.U.V.NAM.GU.

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WP No. 11526 of 2022

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SA.IM.2.2022.23 DATED 25.05.2022 (ANNEXURE-S) PASSED BY R3 AND ETC.,

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

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ORDER

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An affidavit has been filed by respondent No.3 stating that by inadvertence, without going into the details of the directions issued by this Court in various writ petitions, he had issued notice dated 25.05.2022 and thereby, he is withdrawing the said notice.

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Notice dated 25.05.2022 is issued for demolishing the building of the petitioner. It is unforgivable for any public servant to issue a notice at that time without even going through the file and without referring to the orders passed by this Court. Hence, respondent No.2-the Executive Engineer is directed to take such disciplinary action as necessary against respondent No.3 for dereliction of duty as observed above within a period of three weeks’ from today.

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In view of the submission made by respondent No.3 that the notice dated 25.05.2022, will be withdrawn and the

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WP No. 11526 of 2022

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same has been issued without reference to the earlier

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order passed by this Court. Hence, I pass the following:

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:ORDER :

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a) Writ petition is disposed of .

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b) Notice No.SaKaaIm:Lo.E;U.V:Nam.Gu:Sa.Im-2: 2022-23 dated 25.05.2022 at Annexure-S issued by Respondent No.3 is hereby quashed.

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Sd/JUDGE

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KTY

Sri M N Lingaraju v. the State of Karnataka

Case brief

What is this about?

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Sri M N Lingaraju v. the State of Karnataka

Case brief

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