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HIGH COURT OF KARNATAKA
ASHOK S. KINAGI
CHANDRAKANT SADASHIVAPPA MALAPUR – Appellant
Versus
STATE OF KARNATAKA – Respondent


This writ petition is filed seeking for quashing the

order dated 12.06.2012 passed by the second respondent

vide Annexures-J and H.

Brief facts leading raise to filing of this writ

petition are as under:

The petitioners claim to be the owners of land

bearing CTS Ward Extension, CTS Nos.3063-B and

measuring 13.4/9 sq. yards and petitioner Nos.2 to 4 are

the joint owners of plot No.3069-D measuring 375.5/9 sq.

- 3 -

yards situated at Vidyanagar, Hubballi and the said

properties were purchased under the registered sale deeds

dated 31.03.1999. In the Comprehensive Development

Plan (CDP), the petitioners applied for construction of

residential building. The 4th respondent granted permission

for construction of residential houses. Accordingly, the

petitioners have constructed the building and when they

asked for mention of the land use as commercial the

respondent issued an endorsement that while preparing

CDP the same will be mentioned. In the public interest

petition, this Court has directed the Corporation to find out

the public place and to remove the encroachment. The

second respondent held an enquiry and without there

being any jurisdiction, passed the impugned order which is

be

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