Partly allowed

Smt Jayalakshmi v. Shivamogga-Bhadravathi

Karnataka HC25 Jul 2023WP/12804/2023

Case brief

AI extract

What is this about?

This is an oral order in a writ petition filed under Articles 226 and 227 of the Constitution. The High Court of Karnataka, by single judge R. Devdas J., partly allowed the petition, quashing and setting aside the impugned orders of cancellation of allotment and remitting the matter to the respondent authority for reconsideration in similar terms to a connected matter.

What did the court decide?

The impugned order of cancellation of allotment dated 22.10.2021 at Annexure-A and the subsequent communication dated 17.12.2021 at Annexure-D are quashed and set aside and the matter remitted to the

Smt Jayalakshmi Vs Shivamogga-Bhadravathi — Contract and Commercial Disputes | Karnataka HC (2023)

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NC: 2023:KHC:25763 WP No. 12804 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO. 12804 OF 2023 (LB-RES)

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BETWEEN:

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SMT. JAYALAKSHMI W/O CHANDRASEKHARAIAH, AGED ABOUT 64 YEARS, R/O 16^TH CROSS, 60 FEET ROAD, VINOBANAGARA, SHIVAMOGGA-577204.

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…PETITIONER

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(BY SRI. N S PRASAD., ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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SHIVAMOGGA-BHADRAVATHI URBAN DEVELOPMENT AUTHORITY VINOBHANAGARA, SHIVAMOGGA-577204, BY ITS COMMISSIONER.

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(BY SRI. GANGADHARAPPA A V., ADVOCATE)

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A LETTER NO.SHI.NA.PRA/NI/SHA-2/NI NO.D13/2011-12 1741 DATED 22/10/2021 WHICH WAS SENT TO THE PETITIONER AND PRODUCED AT ANNEXURE-A AND ALSO ANNEXURE-D LETTER NO SHI NA PRA/NI./SHA-2/ NI NO D13/2011-12 /2581 DATED 17/12/2021 BY ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION, ISSUED BY RESPONDENT AUTHORITY FOR THE REASONS STATED ABOVE AND ETC.

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NC: 2023:KHC:25763 WP No. 12804 of 2023

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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Learned Counsel for the petitioner submits that the petitioner is aggrieved of the order of cancellation of allotment at the hands of the respondent-ShivamoggaBhadravathi Urban Development Authority (SBUDA).

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However, this Court in a series of judgments in W.P.No.14430/2022 and connected matters, in the case of

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Manjula and Others Vs. The State of Karnataka and Others , by order dated 23.06.2023, partly allowed all the writ petitions and set aside the orders of cancellation of allotments. Learned Counsel for the petitioner prays for similar relief.

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Learned Counsel for the respondent-SUBDA, submits that the writ petition may be allowed accordingly on the same terms on which those writ petitions were disposed of.

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NC: 2023:KHC:25763 WP No. 12804 of 2023

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Consequently, the writ petition is partly allowed. The impugned order of cancellation of allotment dated 22.10.2021 at Annexure-A and subsequent communication dated 17.12.2021 at Annexure-D are hereby quashed and set aside. The matter stands remitted back to the respondent-SBUDA, for reconsideration in similar terms as was done in the case of Manjula (supra).

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Ordered accordingly.

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Sd/JUDGE

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Smt Jayalakshmi v. Shivamogga-Bhadravathi

Case brief

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Smt Jayalakshmi v. Shivamogga-Bhadravathi

Case brief

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