Disposed

K. a. Umesh v. the Secretary

Karnataka HC7 Mar 2024WP/13686/2017

Case brief

AI extract

What is this about?

Writ petition seeking an alternative site or compensation for a portion of the petitioner's house property removed by the town municipal authorities. The Chief Officer produced a possession certificate showing the alternative site was handed over; the petitioner accepted possession, so the petition was disposed of and the cost order recalled.

What did the court decide?

Possession of alternative site No.15 (30x20 feet), Kamenahalli survey Nos.9/1 and 10/2, Koratagere, handed over to petitioner; cost order recalled.

K. a. Umesh Vs the Secretary — Municipal and Town Planning | Karnataka HC (2024)

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1 - NC: 2024:KHC:9614 WP No. 13686 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 13686 OF 2017 (LB-RES)

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BETWEEN:

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K. A. UMESH, S/O LATE K.H. ANJANEYA, AGED ABOUT 55 YEARS, R/AT NO.14, 6TH MAIN, HEGGANAHALLI CROSS, LAKSHMAN NAGAR, VISHWANEEDAM POST, BANGALORE - 560 091. (BY SRI. M.C. BASAVARAJU, ADVOCATE)

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…PETITIONER

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AND:

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Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA

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THE SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF PUBLIC WORK, PORT AND INLAND WATER, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101.

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THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION,

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2 - NC: 2024:KHC:9614 WP No. 13686 of 2017

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VISHWESHWARAIAH TOWER, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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THE CHIEF OFFICER, TOWN MUNICIPAL, KORATAGERE, TUMKUR DISTRICT - 572 129.

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…RESPONDENTS

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(BY SRI. M.R. PATIL, HCGP FOR R1 TO R3; SRI. A. NAGARAJAPPA, ADVOCATE FOR R4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO ALLOT ALTERNATIVE SITE OR TO PAY THE COMPENSATION TO THE PETITIONER FOR HAVING ACQUIRED/REMOVED THE PORTION OF HIS HOUSE PROPERTY BEARING KHATA NO.278/255, SITUATED AT IN FRONT OF MGR COMPLEX, MAIN ROAD, KORATAGERE TOWN, TUMKUR DISTRICT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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THE COURT MADE THE FOLLOWING:

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ORDER

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The learned High Court Government Pleader Sri.M.R.Patil appearing for respondent Nos.1 and 2 has filed a memo enclosing a report of the Superintendent of Police, Tumakur District and the same is taken on record.

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NC: 2024:KHC:9614 WP No. 13686 of 2017

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The Police Inspector Sri.Anil.R.P is present and he submits that the NBW issued by this Court could not be executed as the Chief Officer was not available at the Head Quarters. However, the Chief Officer Smt.N.Bhagyamma is present before this Court.

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In that view of the matter, no further explanation

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need be called for from the Office of the Superintendent of Police.

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Learned counsel for respondent No.4 has filed a memo and he has enclosed a copy of the possession certificate stating that the possession of site No.15 and panchayath property No.5474/5369/15 formed in Kamenahalli survey Nos.9/1 and 10/2 of Koratagere town Panchayath measuring 30 X 20 feet is handed over to the petitioner.

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Learned counsel for the petitioner accepts the

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possession certificate and submits that he has taken over possession of the site.

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NC: 2024:KHC:9614 WP No. 13686 of 2017

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In that view of the matter, no further orders are necessary as the respondent No.4 has complied with the direction issued by this Court. Hence, the writ petition stands disposed off.

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In view of the possession certificate and the actual possession of the site being handed over to the petitioner, I.A.No.1/2023 to recall the order dated 13.06.2022 is allowed and the order directing respondent No.4 to pay cost of Rs.25,000/- is recalled and shall not be given effect to.

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Sd/JUDGE

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KBM List No.: 1 Sl No.: 20 CT:SNN

K. a. Umesh v. the Secretary

Case brief

What is this about?

What did the court decide?

K. a. Umesh v. the Secretary

Case brief

What is this about?

What did the court decide?

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