Disposed

Sri Lehari Damji Patel v. the Hoskote Yojana Pradhikara

Karnataka HC20 Jul 2023WP/15099/2022

Case brief

AI extract

What is this about?

The petitioner challenged an endorsement issued by the Hoskote Planning Authority. The court noted that a separate writ petition by another person challenging the identical endorsement was previously allowed and quashed the endorsement. Relying on this prior decision, the court disposed of the present petition without further consideration as the prayer did not survive.

What the court decided

AI extract

Sri Lehari Damji Patel Vs the Hoskote Yojana Pradhikara — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC:25261 WP No. 15099 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15099 OF 2022 (LB-RES)

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BETWEEN:

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SRI LEHARI DAMJI PATEL S/O DAMJI PATEL AGED ABOUT 44 YEARS R/AT NO. 275/7, NEW TIMBER YARD LAYOUT MYSORE ROAD CROSS BENGALURU 560 026

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…PETITIONER

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(BY SRI. ANIL RAMACHANDRA, ADVOCATE FOR SRI. H R ANANTHA KRISHNA MURTHY., 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 HOSKOTE YOJANA PRADHIKARA MISSION HOSPITAL ROAD

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1^ST CROSS ROAD, SRI VENKATARI BADAVANE HOSKOTE 562114 BENGALURU RURAL DISTRICT

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THE TOWN MUNICIPAL COUNCIL HOSKOTE 562114 REP BY ITS PRESIDENT

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…RESPONDENTS

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(BY SRI. GANGADHARAPPA A V., ADVOCATE FOR R1 SRI. KEMPANNA, ADVOCATE FOR R2)

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2 - NC: 2023:KHC:25261 WP No. 15099 of 2022

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER/ENDORSEMENT DTD 27.01.2022 BEARING NO.HOYOPRA/LAO/32/2021-22 PRODUCED AT ANNEXURE-E ISSUED BY THE R1 AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, 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 is aggrieved of the impugned

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communication dated 27.01.2022 at Annexure-E made by the 1^st respondent –Hosakote Planning Authority.

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On the previous occasion, i.e., 07.07.2023, this Court had noticed the fact that impugned communication is made to one Sri Vinod.D.Patel and whereas the petitioner herein is Sri Lehari Damji Patel

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S/O Damji Patel. Therefore a clarification was sought at the hands of the learned counsel for the petitioner as to how this writ petition was maintainable.

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Learned counsel for the petitioner submits that although Sri Vinod D.Patel had approached the 1^st respondent Planning authority seeking sanction plan for formation of a layout and the impugned communication

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3 - NC: 2023:KHC:25261 WP No. 15099 of 2022

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dated 27.01.2022 has issued by the planning authority, nevertheless the petitioner is the owner of the portion of the property measuring 12 gutnas in Sy.No.134 of Dandupalya Village, Kasaba Hobli, Hosakote, for which approval was sought. Therefore, petitioner is before this Court.

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During the course of these proceedings, it is also brought to the notice of this Court that a writ petition filed by Sri Vinod Damji Patel in W.P. No.15103/2022 challenging the very same communication dated 27.01.2022 was considered and the writ petition was allowed while quashing the impugned endorsement dated

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27.01.2022. The respondent planning authority was directed to consider and approve the plan submitted by the petitioner therein without insisting for surrender of land free of cost. Liberty was also reserved to the planning authority to acquire the land by making payment of due amount as per applicable law.

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4 - NC: 2023:KHC:25261 WP No. 15099 of 2022

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Learned counsel Sri A.V.Gangadharappa,

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appearing for the 1^st respondent - planning authority has field the statement of objections. Learned counsel appearing for the planning authority further submits that decision in W.P.No.15103/2022 has been questioned in W.A.No.663/2023. Moreover, admittedly there is only one communication issued by the planning authority i.e., the impugned communication dated 27.01.2022 which was issued to Sri Vinond Damji Patel and not to the petitioner. The impugned communication having already been

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quashed at the hands of this Court, the prayer in the writ petition does not survive for consideration.

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In that view of the matter, having noticed that the impugned communication dated 27.01.2022 was already quashed and set aside in W.P.No.15103/2022, this writ petition stands disposed of .

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Ordered accordingly.

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Sd/JUDGE

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KLY

Sri Lehari Damji Patel v. the Hoskote Yojana Pradhikara

Case brief

What is this about?

What the court decided

Sri Lehari Damji Patel v. the Hoskote Yojana Pradhikara

Case brief

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