Disposed

Fakkrusab S/O Moulasab Nadaf v. the Commissioner

Karnataka HC3 Feb 2023WP/100310/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the writ petition by not expressing an opinion on merits. It directed the municipal commissioner to conclude eviction proceedings initiated via a prior notice within three months after hearing both the petitioner and a related respondent in another writ petition.

What did the court decide?

Directed the municipal commissioner to conclude eviction proceedings within three months after hearing both parties.

Fakkrusab S/O Moulasab Nadaf Vs the Commissioner — Property and Title | Karnataka HC (2023)

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WP No. 100310 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100310/2023 (LB-RES)

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BETWEEN:

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FAKKRUSAB S/O MOULASAB NADAF, AGE : 55 YEARS, OCC.: COOLIE, R/O HADAGALI ONI, GURU NAGAR ROAD, RAMAPUR SITE, SAUNDATTI 591126 TQ. SAUNDATTI, BELAGAVI DIST.

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PETITIONER

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(BY SRI. MANJUNATH A KARIGANNAVAR, ADVOCATE)

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AND:

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THE COMMISSIONER, SAUNDATTI YELLAMMA MUNCIPAL COUNCIL, TQ. SAUNDATTI - 591126, BELAGAVI DISTRICT.

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MUMTAZ W/O BUDENSAB BHAGOJIKOPPA, AGE: 70 YEARS, OCC.: HOUSEWIFE, R/O MUKASHI ONI, SAWADATTI, TQ. AND DIST.: BELAGAVI-591 126.

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RESPONDENTS (BY SRI. HANUMANTHREDDY SAHUKAR, ADVOCATE FOR R1, SRI SADIQ GOODWALA, ADVOCATE R2)

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANILocation: HighCourt of Karnataka,DharwadDate: 2023.02.0711:58:00 +0530

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE/ ORDER OF EVICTION/ DEMOLITIION DATED 06.01.2023 BEARING NO.SAYAPUSA/ MA/NI/VA.HI/1 2022-23/651 VIDE ANNEXURE-E PASSED BY THE RESPONDENT NO.1 & ETC.

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

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WP No. 100310 of 2023

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ORDER

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In this writ petition, the petitioner seeks quashing of the impugned notice dated 06.01.2023 at Annexure-E and for other reliefs.

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A perusal of the material on record will indicate that prior to the present petition being filed, the respondent No.2 had preferred W.P. No. 100046/2023 against the State Government and the respondent No.1-TMC, which was disposed of by this Court vide order dated 18.01.2023, which reads as under:

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“In this writ petition, the petitioner seeks a direction to the respondents No.2 to 4 to consider her representation at Annexures-D, E and F respectively in accordance with law.

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2. Learned counsel for the petitioner has filed a memo enclosing copy of the communication/ notice dated 06.01.2023 issued by the respondent No.4 to one Fakru Sab son of Moula Sab Nadaf. Under these circumstances, since respondent No.4 has already initiated proceedings in terms of the said communication dated 06.01.2023, the respondent No.4 is directed to conclude the said proceedings after notifying the aforesaid Fakru Sab as well as the petitioner herein and hearing them and thereafter to pass orders in accordance with law within a period of three months from the date of their appearance. Accordingly ordered.”

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WP No. 100310 of 2023

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As can be seen from the aforesaid order, it was brought to the notice of this Court that the communication/ notice dated 06.01.2023 had been issued by the respondent No.1 to Fakrusab. Accordingly, this Court disposed of the said writ petition directing the respondent No.1 to complete the proceedings initiated pursuant to the said communication dated 06.01.2023 after notifying the aforesaid Fakrusab and hearing him as well as the writ petitionerrespondent No.2 herein, in accordance with law.

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In this context, it is relevant to state that the aforesaid Fakrusab referred to in the order dated 18.01.2023 passed in W.P. No. 100046/2023 is none other than the writ petitioner herein. Under these circumstances, without expressing any opinion on the merits/ demerits of the rival contentions between the petitioner herein and the respondents No.1 and 2 herein, I deem it just and proper to dispose of this writ petition directing the respondent No.1 to conclude the proceedings pursuant to the impugned communication dated 06.01.2023 after hearing both the parties as directed by this Court in W.P. No. 100046/2023 dated 18.01.2023 in accordance with law after hearing both the petitioner and the respondent No.2 herein, as expeditiously as possible and within a

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WP No. 100310 of 2023

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period of three months from 13.02.2023, on which day both the petitioner and the respondent No.2 will appear before the respondent No.1 at 11.00 A.M.

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It is clarified that the period of three months fixed by this Court in W.P. No. 100046/2023 dated 18.01.2023 stands clarified by directing the respondent No.1 herein to conclude the proceedings within a period of three months from 13.02.2023.

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Liberty is reserved in favour of the petitioner and the respondent No.2 to submit pleadings, documents, etc. before the respondent No.1 who shall hear both of them and proceed further in accordance with law.

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SD JUDGE

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BVV

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List No.: 1 Sl No.: 65

Fakkrusab S/O Moulasab Nadaf v. the Commissioner

Case brief

What is this about?

What did the court decide?

Fakkrusab S/O Moulasab Nadaf v. the Commissioner

Case brief

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What did the court decide?

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