1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.50169/2013 (LB - RES)

C/W

WRIT PETITION No.50104/2013 (LB - RES)

IN W.P.50169/2013

BETWEEN

SMT. S.H. ASHA

W/O V T RATHNAKAR

AGED ABOUT 45 YEARS

R/A NO.13, GOPALA GOWDA EXTENSION

NEAR GOOD LUCK CANTEEN

SHIVAMOGGA CITY. ... PETITIONER

[BY SRI.A.N.GANGADHARAIAH, ADVOCATE]

AND

1.

THE DEPUTY COMMISSIONER,

(THE THEN ADMINISTRATOR OF CMC),

SHIVAMOGGA DISTRICT,

SHIVAMOGGA - 577 201.

2.

THE COMMISSIONER,

THE CITY MUNICIPAL COUNCIL,

SHIVAMOGGA - 577 201.

3.

SRI. M P NAGARAJA,

S/O M P MALLIKARJUN,

AGED ABOUT 55 YEARS,

2

R/A PARVATHI NILAYA,

NEAR GOOD LUCK CANTEEN,

GOPALAGOWDA LAYOUT,

SHIVAMOGGA CITY - 577 201. ... RESPONDENTS

[BY SMT.PRATHIMA HONNAPURA, AGA FOR R1;

(PHYSICAL HEARING);

SRI.ASHWIN S HALADY, ADVOCATE FOR R2

(VIDEO CONFERENCING);

SRI.C.M.DESAI AND

SRI.ARVIND C DESAI, ADVOCATE FOR R3]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE IMPUGNED PASSED BY THE R-1 UNDER

SECTION 343 OF KMC ACT 1964 DATED 12.8.2013 AT

ANNEXURE - A; QUASH THE ORDER PASSED BY R-2 ON

DATED 10.4.2013 VIDE ANNEXURE - B AND TO DROP ALL

PROCEEDINGS INITIATED UNDER SECTION 187 OF

KARNATAKA MUNICIPALITIES ACT AND ETC.,

IN W.P. 50104/2013

BETWEEN

SRI. M P NAGARAJ,

AGED ABOUT 53 YEARS,

S/O M.P MALLIKARJUNAPPA,

R/AT: "PARVATHI" 60 FT. ROAD,

SWAMY VIVEKANANDA EXTN.,

NEAR GOODLUCK CIRCLE,

SHIMOGA - 577 204. ... PETITIONER

[BY SRI.C.M.DESAI, ADVOCATE]

AND

1.

THE STATE OF KARNATAKA,

BY ITS SECRETARY,

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REVENUE DEPARTMENT,

M.S. BUILDING,

DR. B.K. AMBEDKAR VEEDHI,

BANGALORE - 560 001.

2.

THE DEPUTY COMMISSIONER,

SHIMOGA DISTRICT,

SHIMOGA - 577 201.

3.

THE CITY MUNICIPAL COUNCIL,

SHIMOGA,

REPRESENTED BY ITS COMMISSIONER,

B.H. ROAD,

SHIMOGA - 577 201.

4.

SMT. S.H. ASHA,

AGED ABOUT 45 YEARS,

W/O V.T. RATHNAKAR,

C/O. SHUNTI KATTE

WHOAPPAGOWDA & CO.,

ARECANUT MERCHANT, APMC YARD,

SHIMOGA - 577 201. ... RESPONDENTS

[BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 AND R2;

(PHYSICAL HEARING);

SRI.ASHWIN S HALADY, ADVOCATE FOR R3

(VIDEO CONFERENCING);

SRI.A.N.GANGADHARAIAH, ADVOCATE FOR R4]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH THE ORDER DATED 12.8.2013 PASSED BY 2^ND

RESPONDENT, R2, SHIMOGA, SO FAR AS IT PERTAINS TO

THE

PETITIONER

BUILDING,

IN

CASE

NO.

NKS:KV:JE:N.N.C.R.13-14,

DATED

12.8.2013,

VIDE

ANNEXURE - H AND ETC.,

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THESE

WRIT

PETITIONS

COMING

ON

FOR

PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

These petitions call in question a common order

dated 12.08.2013, by which, the allegation and counter

allegation of both the petitioners and the private

respondents

are

considered

by

the

Deputy

Commissioner in terms of Section 187(9) of the

Karnataka Municipalities Act, 1964 (hereinafter referred

to as 8the said Act9 for short).

2.

Heard Sri. A.N. Gangadharaiah, learned

counsel appearing for the petitioner, Smt. Prathima

Honnapura, learned AGA appearing for respondent

No.1, Sri. Ashwin S. Halady, learned counsel appearing

for respondent No.2, Sri. C.M. Desai & Sri. Arvind C.

Desai, learned counsel appearing for respondent No.2 in

W.P.No.50169/2013 and Sri. C.M. Desai, learned

counsel appearing for the petitioner, Smt. Prathima

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Honnapura, learned AGA appearing for respondent

Nos.1 and 2, Sri. Ashwin S. Halady, learned counsel

appearing

for

respondent

No.3,

Sri.

A.N.

Gangadharaiah,

learned

counsel

appearing

for

respondent No.4 in W.P.No.50104/2013 and have

perused the material on record.

3.

The allegation of the petitioner and the

counter allegation of the priv