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NC: 2023:KHC:44718

WP No. 27169 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 27169 OF 2023 (LB-RES)

BETWEEN:

1.

SMT. NAGARATHNA K.D,

AGED ABOUT 63 YEARS,

W/O M A VEDESHWAR,

PRESENTLY RESIDING AT

GANADAMA,, GUNDMI,,

NEAR CHANNAKESHAVA TEMPLE,

SASTANA POST, UDUPI DISTRICT - 576 226.

2.

SMT. GAYATHRI M.V,

AGED ABOUT 68 YEARS,

W/O LATE VEERABHADRAPPA,

NO. 36, "JAYADEVA NILAYA",

KOTTUR ROAD, (NEAR TEGGINAMATT),

HARAPANAHALLI,

DAVANAGERE DISTRICT - 583 131.

3.

SRI. VENAKTESH L.D,

AGED ABOUT 56 YEARS,

S/O DASAPPA, R/O NO. 69,

13TH CROSS, CHALUKYANAGAR,

GOPALA, SHIVAMOGGA,

SHIVAMOGGA DISTRICT - 577 205.

4.

SMT. R MEENAKSHI,

AGED ABOUT 55 YEARS,

W/O KESHAVAMURTHY,

Digitally signed

by

NARAYANAPPA

LAKSHMAMMA

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC:44718

WP No. 27169 of 2023

C/O RAJAIAH, 1ST CROSS,

VINOBHANAGARA, SHIVAMOGGA,

SHIVAMOGGA DISTRICT - 577 204.

5.

SMT. SANDYA GRECIOUS AGERA,

AGED ABOUT 48 YEARS,

D/O LATE BAPTIST AGERA,

NO. 525, 'F' BLOCK, ASHRAYA BADAVANE,

NITHYADHARA COTTEGE BOMMANAKATTE,

SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 204.

6.

SRI. RAMESH,

AGED ABOUT 54 YEARS,

S/O VENKATAIAH,

H.NO 390, D BLOCK,

ASHRAYA BADAVANE, BOMMANAKATTE,

VINOBHANAGAR, SHIVAMOGGA,

SHIVAMOGGA DISTRICT - 577 204.

7.

SRI. H NAGABHUSHAN,

AGED ABOUT 67 YEARS,

S/O LATE HANUMANTHAPPA,

NO. 97, A B SRI. VIBHAVA,

4TH CROSS, 5TH STAGE,

VEERANNA LAYOUT, VINOBHANAGAR,

SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 204.

…PETITIONERS

(BY SRI. S.V. PRAKASH, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

URBAN DEVELOPMENT DEPARTMENT,

VIKASA SOUDHA, BENGALURU - 560 001,

BY ITS PRINCIPAL SECRETARY.

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NC: 2023:KHC:44718

WP No. 27169 of 2023

2.

SHIVAMOGGA - BHADRAVATHI,

URBAN DEVELOPMENT AUTHORITY,

(SHIVAMOGGA URBAN DEVELOPMENT AUTHORITY)

SHIVAMOGGA - 577 201,

BY ITS COMMISSIONER.

…RESPONDENTS

(BY SMT. B.P. RADHA, AGA FOR R1;

SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO i) ORDER/

COMMUNICATION DATED 30/10/2021 SERVED ON THE FIRST

PETITIONER

BY

THE

SECOND

RESPONDENT

IN

NO.

SHI.NA.PRA/NI.SHA/S/NI.NUM.C-221/2011-12/1996 PRODUCED

AS PER ANNEXURE-B TO THE WP AND ETC.,

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

1.

Learned Additional Government Advocate takes notice for

respondent

No.1.

Sri.A.V.Gangadharappa,

learned

counsel is directed to take notice for respondent No.2.

2.

The petitioners are before this Court seeking for the

following reliefs:

"a) Issue a writ in the nature of certiorari and to quash the

i. Order/communication dated 30.10.2021 served on the

first

petitioner

by

the

second

respondent

in

No.

SHI.NA.PRA/NI.SHA/2/NI.NUM.C-221/2011-2012/1996

produced as per ANNEXURE-B to the writ petition;

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WP No. 27169 of 2023

ii. order/communication dated 02.11.2021 served on the

second

petitioner

by

the

second

respondent

in

NO.SHI.NA.PRA/NI.SHA/2

/NI.NUM.

D-71/2011-

2012/2253 produced as per ANNEXURE-B1 to the writ

petition;

iii order/communication dated 29.10.2021 served on the

third

petitioner

by

the

second

respondent

in

No

SHI.NA.PRA/NI.SHA/2/NI.NUM.A-267/2011-2012/2028

produced as per ANNEXURE-B2 to the writ petition;

iv. order/communication dated 30.10.2021 served on the

fourth petitioner by the second respondent in No.

SHI.NA.PRA/NI.SHA/2/NI.NUM.C-345/2011-2012/2003

produced as per ANNEXURE-B3 to the writ petition;

v. order/communication dated 05.10.2021 served on the

fifth

petitioner

by

second

respondent

in

No.SHI.NA.PRA/NI.SHA/2

/NI.NUM.A-343/2011-

2012/1400 produced as p