Petitioner sought a mandamus that his Kolar property not be used for road widening except through lawful acquisition or mutual negotiation, following due process under Article 300-A. The Court made it clear the property could not be used without acquisition or negotiation and disposed of the writ petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 12438 OF 2020 (LB-RES)
BETWEEN:
SRI B M SHIVAKUMAR AGED ABOUT 74 YEARS S/O B.R. MUNIYAPPA R/A SHIVANETRA NILAYA, BRM COLONY, GOWRIPET MAIN ROAD, KOLAR TOWN, KOLAR-563101.
…PETITIONER
(BY SRI. NARAYANASWAMY K.,ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 TO R4 SRI. J.G. CHANDRA MOHAN, ADVOCATE FOR R5 SMT. VEENA KUMARI M., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO OBEY RESPECT AND FOLLOW THE DUE PROCEDURE OF LAW GUARANTEED UNDER ARTICLE 300-A OF CONSTITUTION OF INDIA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner has filed this writ petition seeking for a mandamus directing mandamus directing the respondents to obey, respect and follow the due procedure of law guaranteed under the Article 300-A of Constitution of India.
dispute the same.
NC: 2024:KHC:37374 WP No. 12438 of 2020
resort to road widening, the same is to be resorted to, strictly in accordance with due process of law.
Accordingly, the writ petition is disposed of .
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Whether the petitioner's property can be used for road widening without acquisition or due process of law under Article 300-A?
2 provisions across 1 enactments
Sri B M Shivakumar
The State of Karnataka
The Principal Secretary, Town Planning Department
The Deputy Commissioner, Zilla Panchayath Bhavan, Kolar
The Executive Engineer, Department of PWD, Kolar
The Commissioner, Municipal Council, Kolar
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
