Writ petition under Articles 226/227 seeking stay. Court restrained respondents from utilizing schedule properties without following due process of law.
Respondents restrained from utilizing schedule properties belonging to petitioners without following due process of law.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.3837 OF 2022 (LB-RES)
BETWEEN:
REP. BY ITS MANAGING PARTNER, P.H. SURESH BABU, AGED ABOUT 61 YEARS, S/O HANUMANTHAPPA M.R.
...PETITIONERS
(BY SRI CHANDRASHEKAR P.V., ADVOCATE)
AND:
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…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE RESPONDENTS FROM INTERFERING WITH THE PETITIONERS PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES IN ANY MANNER INCLUDING THE DEMOLISHING OF THE STRUCTURE STANDING IN THEREON OR UTILIZATION OF THE SCHEDULE PROPERTIES, OTHER THAN THROUGH DUE PROCESS OF LAW AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
Learned AGA accepts notice for respondent Nos.1 to
Smt. Sinchana M.R., learned counsel accepts notice
for respondent No.5.
following the due process of law are trying to utilize the schedule properties belonging to the petitioners for the purpose of widening of the road.
issue involved in this petition is covered by the decision of this Court in W.P. No.11593/2021 disposed of on 08.07.2021.
Accordingly, the writ petition is disposed of in the light of the order passed by this Court in W.P. No.11593/2021.
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Respondents are hereby restrained from utilizing the
schedule properties belonging to the petitioners without following the due process of law.
Sd/JUDGE
MBM
1 issue framed by the court
Whether respondents can interfere with petitioners peaceable possession of schedule properties for road widening without due process of law.
Colour shows how this judgement treated each authority
W.P. No.11593/2021Distinguished¶32
1 provisions across 1 enactments
P.H. Suresh Babu
Sai Associates(R) Firm
The State of Karnataka
The Deputy Commissioner, Chitradurga
The Assistant Commissioner, Chitradurga
The City Municipal Council, Chitradurga
Hemant Chandanggou S>dar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
