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2010 Supreme(Kar) 311

B.V.PINTO, V.GOPALA GOWDA
MOOSA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared:
Sri O. Shivarama Bhat, Advocate for Petitioners;
Sri Basavaraj Karrcddy, Government Advocate and Sri B.N. Devdas, Senior Counsel for Respondents.

ORDER

The prayers sought for in the writ petition are as under:

"(a) Issue a writ of Certiorari to quash the resolution dated 29-10-2009 passed by the respondent 2 insofar as Subject No. 8(3) is concerned vide Annexure-A;

(b) Issue a writ of mandamus directing the respondent 3-Deputy Commissioner to consider the representation vide Annexure-B and pass an order by exercising his power under Section 306 of the Karnataka Municipalities Act, 1964;

(c) Issue any other writ, order or direction and grant such other and further reliefs as this Hon'ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity".

2. The 2nd respondent has filed the statement of objections. The apprehension of the petitioners is dislodged in view of the categorical statement made by the 2nd respondent in paragraph 9 of the statement of objections, which reads as under:

"9. The contention of the petitioner that the respondents are contemplating to demolish buildings and structures in untenable.

The resolution only contemplates the widening of the roads and for that purpose removing unauthorised structures, temporary or permanent so as to maintain the road width is only unde




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