Smt. P Siddamma W/O Ashok Krishnji Bhagwat Vs the… — Writ and Judicial Review | Karnataka HC (2025)

Smt. P Siddamma W/O Ashok Krishnji Bhagwat Vs the… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:10054 WP No. 100963 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 11^TH DAY OF AUGUST, 2025 BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 100963 OF 2023 (LB-UC)

BETWEEN:

SMT. P. SIDDAMMA W/O. ASHOK KRISHNJI BHAGWAT, AGE: 66 YEARS, OCC. RETD.TEACHER, R/O.#10/263, KISHAN NILAYA, OPP. BSNL OFFICE, HARAPANAHALLI TOWN-583131. DIST. VIJAYANAGAR.

…PETITIONER

(BY SRI. K.L. PATIL, ADVOCATE)

AND:

Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad

THE DEPUTY COMMISSIONER VIJAYNAGAR DISTRICT, HOSPETE, VIJAYNAGAR-583 225.

THE ASSISTANT COMMISSIONER HARAPANAHALLI SUB-DIVISION, HARAPANAHALLI, DIST. VIJAYANAGAR-583 131.

THE TAHASILDAR HARAPANAHALLI TALUK, DIST. VIJAYANAGAR-583 131.

THE ASSISTANT EXECUTIVE ENGINEER SUB-DIVISION, PWD, HARAPANAHALLI-583 131. DIST. VIJAYANAGAR.

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TOWN MUNICIPAL COUNCIL HARAPANAHALLI, DIST. VIJAYANAGAR-583 131, THROUGH ITS CHIEF OFFICER.

…RESPONDENTS

(BY SRI. RAMESH CHIGARI, AGA FOR R1 TO R4; SRI. GANGADHAR J.M., ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A. ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION TO QUASH THE SHOW CAUSE NOTICE-3 BEARING NO.SAM/ PU.SA./ HA.HALLI/ ITARE/CR/93/2020-21 DATED 27/01/2023 AND THE MAP ANNEXED TO IT ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE Q. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS/ APPROPRIATE WRIT DIRECTING THE RESPONDENT NO.5/OTHER RESPONDENTS TO FOLLOW PROCEDURE AS CONTEMPLATED UNDER SEC. 216 OF THE KARNATAKA MUNICIPALITIES ACT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ of Certiorari or Order or Direction to quash the ‘Show Cause Notice-3 bearing No. Sam/ Pu.Sa./ Ha.Halli/ Itare/CR/93/2020-21 dated 27/01/2023 and the map annexed to it issued by the Respondent No.4 vide Annexure Q.

b. Issue a writ in the nature of mandamus/ appropriate writ directing the respondent

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no.5/other respondents to follow procedure as contemplated under Sec. 216 of the Karnataka Municipalities Act, in the interest of justice and equity.

c. Grant such other relief/s this Hon’ble court deems fit in the case on hand.

A memo dated 04.08.2025 singed by the petitioner and learned counsel for the petitioner, has been filed,

which reads as under:

“In this the petitioner above named submits

It is submitted that the petitioner has filed this writ petition seeking quash the Show Cause Notice-3 bearing No. Sam./Pu.Sa./Ha.Halli/ Itare/CR/93/2020-2 dated 27/01/2023′ and the map annexed to it issued by the Respondent No.5 vide Annexure Q and seeking directions Respondents to follow the procedure as contemplated under Sec. 216 of the Karnataka Municipalities Act.

It is submitted that during pendency of the writ petition the petitioner had removed structure as en-marked as encroachment by the Respondent No.5 in the presence of the officials of the Respondent authorities and the same was intimated to the Respondent No.5. The Respondent No.5 in turn intimated the same to the Addl. Registrar Enquiries -6, Karnataka Lokayukta, Bengaluru by his Letter dated 04/07/2025.

It is submitted that in view of the removal of the encroachment by the petitioner the present writ petition does not survive for consideration.

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Therefore it is most humbly prayed that the Hon'ble Court may be pleased to dismiss the writ petition as withdrawn or as it became infructuous, in the interest of justice and equity.”

Accepting the said memo and submission of learned

counsel for the petitioner, petition is dismissed as

withdrawn.

Sd/(SURAJ GOVINDARAJ) JUDGE

gab Ct:pa List No.: 1 Sl No.: 171