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2021 Supreme(Kar) 88

R.DEVDAS
Kalpana Manjunath W/O Sri Manjunath – Appellant
Versus
State Of Karnataka Represented By Its Secretary Department Of Local Bodies And Municipal Administration – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Sunil S Rao, Advocate For Sri T Seshagiri Rao, Advocate
For the Respondent:Sri Dhyan Chinnappa, Aag A/W Smt Prathima Honnapur, Aga Smt Vaishali Hegde, Advocate, Sri A Nagarajappa, Advocate Sri Ramesh Kumar, Advocate

ORDER :

The petitioners are elected members of Arashinakunte Gram Panchayat and Vajarahalli Gram Panchayat. The respondent-State Government issued a preliminary proclamation by virtue of powers vested under the Karnataka Municipalities Act, 1964 (hereinafter referred to as ‘the Act’ for short) intending to agglomerate the existing Nelamangala Town Municipal Council along with Arashinakunte Gram Panchayat, Basavanahalli Gram Panchayat and portions of Vajarahalli Gram Panchayat and Vishweshwarapura Gram Panchayat to constitute a City Municipal area to be known as Nelamangala City Municipal Council. Consent of the respective Gram Panchayats and Nelamangala TMC was obtained. Thereafter, in terms of Section 9 of the Act, the State Government declared an area of 24.49 sq. kms. falling within the erstwhile Nelamangala TMC, Arashinakunte Gram Panchayat, Basavanahalli Gram Panchayat and portions of Vajarahalli Gram Panchayat and Vishweshwarapura Gram Panchayat, constituting Nelamangala CMC, with a population of 70,393, followed by a Gazette notification dated 26.12.2019.

2. After the new CMC was constituted, the Deputy Commissioner, Bangalore Rural District, sent a communication dated 13.03.2

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