Disposed

Shri Kempanna S/O Yallappa Pujari v. the State of Karnataka

Karnataka HC25 Nov 2024WP/104168/2024

Case brief

AI extract

What is this about?

A writ petition challenging a Pattan Panchayat notice was disposed of after respondent No.2 reported that possession of the shop had been taken on 15.07.2024. The court held the petition no longer sustainable and reserved liberty to the petitioner to separately challenge the taking of possession.

What did the court decide?

Petition disposed of; liberty reserved to petitioner to challenge the subsequent order of taking possession.

Shri Kempanna S/O Yallappa Pujari Vs the State… — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC-D:17262 WP No. 104168 of 2024

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 104168 OF 2024 (LB-RES)

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BETWEEN:

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SHRI KEMPANNA S/O. YALLAPPA PUJARI, AGE: 58 YEARS, OCC: PUJEARKI, R/O. #1045, UPPAR GALLI, KONNUR, TQ: GOKAK, DIST: BELAGAVI-581231.

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…PETITIONER

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(BY SRI SANTOSH B. RAWOOT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMINISTRATION, REPRESENTED BY SECRETARY TO THE DEPARTMENT, VIDHAN SOUDHA, BENGALURU-01.

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MALLIKARJUN RUDRAYYA KALMATH

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE CHIEF OFFICER, PATTAN PANCHAYATH KONNUR, TQ: GOKAK, DIST: BELAGAVI-581231.

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…RESPONDENTS (BY SRI V.S.KALASURMATH, ADDL. GOVERNMENT ADVOCATE, FOR R1;

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SRI SRINAND A. PACHHAPURE, ADVOCATE FOR R2.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, NOTICE DATED 31/05/2024 ISSUED BY THE RESPONDENT NO.2 UNDER ORDER BEARING NO. PU.SA.KO.WAPAR PARWANIGA/202425/35 VIDE ANNEXURE-K IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.

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2 - NC: 2024:KHC-D:17262 WP No. 104168 of 2024

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard the learned counsel for the petitioner, learned Addl. Government Advocate for respondent No.1 and learned counsel for respondent No.2.

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2. It is submitted by leaned counsel for the petitioner that vide order dated 19.07.2024, this Court granted stay of the impugned notice dated 31.05.2024. However, learned counsel for respondent No.2 has filed a memo seeking disposal of this petition as it would not survive for consideration anymore on the ground that as on 15.07.2024 itself after initiating the necessary process the possession of the shop has been taken over from the petitioner and he has produced the relevant documents annexed along with a memo to show that on 15.07.2024 the possession of the shop has been taken by respondent No.2. Therefore, the present petition would not be maintainable. It is open to the petitioner to question the said taking of

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3 - NC: 2024:KHC-D:17262 WP No. 104168 of 2024

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possession. Under the circumstances, this petition would not survive for consideration. Accordingly I pass the following:

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ORDER

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i) The petition is disposed of.

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ii) However, liberty is reserved to the petitioner to challenge the subsequent order of taking possession if so advised.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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MRK CT-MCK List No.: 1 Sl No.: 51

Shri Kempanna S/O Yallappa Pujari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri Kempanna S/O Yallappa Pujari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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