Disposed¶37

Smt Sumangala W/O G Kashinath v. the State of Karnataka

Karnataka HC22 May 2025WP/103310/2025

Case brief

AI extract

What is this about?

Removal of illegal/unauthorised structure obstructing approach road; R.S.no.463 B1 to B6, around 25 feet, TB Dam Road, Hosapete, Dist. Ballari; writ of mandamus under Articles 226 and 227, Constitution of India; municipal enforcement by Commissioner, City Municipal, Hosapete; Karnataka Urban Development Department; notices Annexure-J (24.10.2024), Annexure-K (16.11.2024), Annexure-A (07.02.2024 per AGA / 07/02/2025 per prayer); pending proceedings Annexure-L; petition disposed of with direction to expedite action in accordance with law after hearing parties. Bench: Justice Ravi V. Hosmani (single judge). Outcome: disposed; no quantum awarded.

What did the court decide?

Direction to respondent no.2 to expedite action in pursuance of Annexures A, J, K and L in accordance with law after hearing petitioner and respondents no.3 and 4.

Smt Sumangala W/O G Kashinath Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:7225 WP No. 103310 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF MAY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.103310 OF 2025 (LB-RES)

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BETWEEN:

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SMT. SUMANGALA W/O G. KASHINATH AGE. 52 YEARS, OCC. HOUSEHOLD, R/O. P.D.I.T COLLEGE ROAD, GOKUL NAGAR, TQ. HOSAPETE, DIST. BALLARY.

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…PETITIONER

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(BY SRI VENKATESH M. KHARVI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA R/BY COMMISSIONER, KARANTAKA URBAN DEVELOPMENT DEPT, M.S. BUILDING, AMBEDKAR BEEDI, BANGALORE.

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THE COMMISSIONER MUNICIPAL CORPORATION CITY MUNICIPAL, HOSAPETE, DIST. BALLARI.

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.23 10:26:28 +0530

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SUJATA W/O BANGARSWAMI @ SHRINIVAS AGE. 51 YEARS, OCC. HOUSEHOLD, R/O. NISHANE CAMP, NEAR MURUGAN CAMP, 14^TH WARD, TQ. HOSAPETE, DIST. BALLARI.

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M BANGARASWAMI @ SHRINIVAS S/O P MUTTU AGE. 52 YEARS, OCC. PRIVATE EMPLOYEE, R/O. NISHANE CAMP, NEAR MURUGAN CAMP, 14^TH WARD, TQ. HOSAPETE, DIST. BALLARI.

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…RESPONDENTS

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(BY SRI V.S. KALASURMATH, AGA FOR R1; SRI RAGHUVEER SATTIGER, ADVOCATE FOR R2; NOTICE TO R3 & R4-DISPENSED WITH)

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NC: 2025:KHC-D:7225 WP No. 103310 of 2025

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO DIRECTED THE RESPONDENTS TO REMOVE THE ILLEGAL STRUCTURE MADE BY THE RESPONDENT NO.3 IN THE R.S NO.463 B1 TO B6 ROAD AROUND 25 FEET SITUATED AT TB DAM ROAD, HOSAPETE, VIDE ANNEXURE A LETTER ISSUED BY RESPONDENTS DATED 07/02/2025 & ETC.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

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Heard learned counsel for petitioner.

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Learned AGA accepts notice for respondent no.1

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Learned counsel Sri Raghuveer Sattigeri stated to be panel counsel for respondent no.2 is directed to accept notice for respondent no.2.

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In view of nature of disposal, notice to respondents no.3 and 4 is dispensed with.

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Writ petition is filed seeking for writ of mandamus directing respondents to remove illegal structure put up by respondent No.3 in R.S.no.463 B1 to B6 road around 25 feet situated at TB Dam road, Hosapete. It is petitioner’s allegation

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NC: 2025:KHC-D:7225 WP No. 103310 of 2025

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that respondent no.3 is causing obstruction to approach road of petitioner and seeks for direction for removal.

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Learned AGA for respondent no.1 submits that in pursuance of petitioner’s representation dated 09.10.2024, respondent no.2 had obtained technical report and issued notice as per Annexure-J on 24.10.2024 to respondent no.4 and on 16.11.2024 as per Annexure-K to respondent no.3. A further notice is also issued to respondents no.3 and 4 on 07.02.2024 as per Annexure-A. Besides, there are proceedings before respondent no.2 as per Annexure-L in relation to petitioner’s grievance indicating that steps are being taken.

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In view of above, writ petition is disposed of directing respondent no.2 to expedite action in pursuance of AnnexuresA, J, K and L in accordance with law after hearing petitioner and respondents no.3 and 4.

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Sd/(RAVI V.HOSMANI) JUDGE

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LIST NO.: 1 SL NO.: 21

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CKK

Smt Sumangala W/O G Kashinath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Sumangala W/O G Kashinath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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