IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 81050 OF 2013 (GM-SLUM)

BETWEEN:

1. SMT. SHOBHA W/O. MOHAN SABNIS , SINCE DECEASED HER LRS ARE ALREADY ON RECORD ON PETITIONER NO.2 TO 4.

2. PRAKASH S/O. MOHAN SABNIS, AGE: 44 YEARS, OCC: ENGINEER, R/O: 463, 2^ND FLOOR, 1^ST BLOCK, JAYANAGAR, BANGALORE, R/BY HIS GPA HOLDER MR MOHAN S/O. V MANKANI, AGE: 45 YEARS, OCC: BUSINESS, R/O. NO. T12, F BLOCK, GOLDEN ORCHID APTS, 10/8, LAVELLE ROAD, BANGALROE.

3. SMT. SWAPANA SABNIS W/O. MOHAN MANKANI RAKESH S AGE: 42 YEARS, OCC: ENGINEER HARIHAR Deleted as per DRLKD+ oa Ai a0 g crt5 Ki ena t 3 E : ta a 0 iS 2t l oa H 0 y nk 2 : s a S 5 H i g D. H 1 i n gh0 Ae ha. dR 1 rC w8 IbHo y a1 uA d2 rR t :B1 oe7 fn:0c7h R/O. NO. T12, F BLOCK, GOLDEN ORCHID APTS, order dated

10/8, LAVELLE ROAD, BANGALROE

30.08.2024 R/BY HER GPA HOLDER MR MOHAN S/O. V MANKANI, AGE: 45 YEARS, OCC: BUSINESS R/O. NO. T12, F BLOCK, GOLDEN ORCHID APTS, 10/8, LAVELLE ROAD, BANGALROE.

4. SMT. NAYANA SABNIS W/O. VISHNU PRABHU AGE: 41 YEARS, OCC: PRACTITIONER, R/O. VAISHNAVI, ARYA SAMAJ ROAD, MANGALORE.

ALL FOUR R/BY HER GPA HOLDER MR MOHAN S/O. V MANKANI, AGE: 45 YEARS, OCC: BUSINESS, R/O. NO. T12, F BLOCK, GOLDEN ORCHID APTS, 10/8, LAVELLE ROAD, BANGALROE.

…PETITIONERS (BY SRI. SHRIDHARPRABHU, A/W SRI. SURESH N. KINI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, R/BY THE DEPUTY COMMISSIONER, DHARWAD.

2. THE DEPARTMENT OF URBAN DEVELOPMENT, R/BY THE SECRETARY, VIKAS SOUDHA, BANGALORE.

3. THE OFFICE OF THE DIVISIONAL COMMISSIONER, BELAGAV.

4. THE KARNATAKA SLUM BOARD, R/BY ITS CHAIRMAN, BANGALORE.

5. THE ASSISTANT EXECUTIVE ENGINEER, THE KARNATAKA SLUM CLEARANCE BOARD, TOLL NAKA, DHARWAD.

…RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1 TO R3;

SRI. RAVIRAJ C. PATIL, ADVOCATE FOR R4;

R5 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, ORDER DIRECTION QUASHING THE IMPUGNED NOTICE NO.150/98-99 DATED 31/01/1999 ISSUED BY RESPONDENT NO.3 AND PUBLISHED IN KARNATAKA GAZETTE DATED 18/02/1999, PRODUCED HEREWITH AND MARKED AS ANNEXURE-B. ISSUE A WRIT IN THE NATURE OF CERTIORARI, ORDER, DIRECTION QUASHING THE IMPUGNED NOTICE NO.150/98-99 DATED 29/12/1999 ISSUED BY RESPONDENT NO.3 AND PUBLISHED IN KARNATAKA GAZETTE ON DATED 30/12/1999, PRODUCED HEREWITH AND MARKED AS ANNEXURE-C AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court calling in question the notification dated 31.01.1999 declaring the subject property to be a slum within the meaning of Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (hereinafter referred to as “the Act”

for short).

2. Heard Shri Shridharprabhu along with Shri Suresh N.Kini appearing for the petitioners; Shri V.S. Kalasurmath, learned HCGP appearing for respondent Nos.1 to 3; and Shri Raviraj C.Patil, learned counsel appearing for respondent No.4.

3. The facts in brief germane are as follows:

4. It is the case of the petitioners that the names of the petitioners were mutated to be the absolute owners.

When things stood thus, respondent No.3 issued a notification dated 31.01.1999, which was published in the gazette on 18.02.1999 declaring a particular property to be a slum invoking its power under Section 3 of the Act. Pursuant to the said declaration, other issues that are narrated in the petition would not become relevant for consideration of the issue in the lis.

5. The issue lies in a narrow compass as to whether declaration of a slum under Section 3 of the Act would require prior opportunity of hearing to the aggrieved. The issue need not detain this Court for longer delve deep into the matter. The Apex Court interpreting both the Mysore Slum Areas (Improvement and Clearance) Act, 1958 and the said Act has cle