Dismissed

Smt N Hemalatha v. the State of Karnataka

Karnataka HC6 Jul 2023WP/14136/2023

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Articles 226 and 227 of the Constitution to quash notices issued by the Assistant Executive Engineer under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020. The court held that it cannot interfere with a notice issued by a competent authority and that the petitioner must answer the notice first.

What the court decided

AI extract

Smt N Hemalatha Vs the State of Karnataka — Municipal and Town Planning | Karnataka HC (2023)

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NC: 2023:KHC:23235 WP No. 14136 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 14136 OF 2023 (LB-BMP)

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BETWEEN:

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SMT. N. HEMALATHA, AGED ABOUT 45 YEARS, W/O SRI. G.S. HARIN KUMAR, NO.786, 7TH MAIN ROAD, SRINAGAR, BENGALURU - 560 050.

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PETITIONER

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(BY SRI. V.B. SHIVAKUMAR, ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY ITS HOUSING AND URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU - 560 001

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REPRESENTED BY ITS SECRETARY.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, J.C.ROAD, BENGALURU - 560 002.

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THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, GALI ANJANEYA SWAMY TEMPLE SUB-DIVISION, BASAVESHWARA TEMPLE, ATTIGUPPE, BENGALURU - 560 026.

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NC: 2023:KHC:23235 WP No. 14136 of 2023

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THE DEPARTMENT OF TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, CORPORATION OFFICE, HUDSON CIRCLE, J.C.ROAD, BENGALURU - 560 002 REPRESENTED BY

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ASSISTANT DIRECTOR OF TOWN PLANNING.

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…RESPONDENTS

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(BY SMT. A.R. SHARADAMA, AGA FOR R1; SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS ISSUED BY THE R3 IN NO.SKNA/GAA/PR/84/23-24 DATED 08.06.2023 AND NO.SKNA/GA/PO/01/23-24 DATED 20.06.2023 WHICH IS AT ANNEXURE-A AND B AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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The petitioner herein has filed this writ petition calling in question a notice issued by respondent No.3-Assistant Executive Engineer, Gali Anjaneya Swamy Temple SubDivision, Sub-Division, BBMP. The notice is issued under Section 313 of Bruhat Bengaluru Mahanagara Palike, Act, 2020. Normally, this court does not interfere on a notice issued by the

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NC: 2023:KHC:23235 WP No. 14136 of 2023

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competent authority. It is for the petitioner to answer the notice issued by a competent authority. In spite of the petitioner giving a proper reply if the authorities proceed to

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pass any order that would affect the interest or right of the party, only then the question of interference at the hands of this Court would arise.

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At this juncture, this writ petition cannot be entertained, since it is seeking to question a notice issued by a competent authority invoking provisions of the statute.

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Consequently, the writ petition stand dismissed .

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Sd/JUDGE

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SMC, CT: AVB

Smt N Hemalatha v. the State of Karnataka

Case brief

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Smt N Hemalatha v. the State of Karnataka

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