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HIGH COURT OF KARNATAKA
ASHOK S. KINAGI
ASLAM S/O MEHABUBSAB KITTUR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


This writ petition is filed seeking for quashing the

order dated 12.06.2012 passed by the second respondent

vide Annexure-H.

Brief facts leading raise to filing of this writ

petition are as under:

The petitioner claim to be the purchaser of CTS

No.3603/A and 3609/C. In pursuance of building licence

granted by respondent No.4 and as per the order passed

by the respondent No.1 granting approval to change the

land use from ‘open space’ to ‘commercial’, the petitioner

constructed the commercial complex over the sites

purchased by him. It appears that some residents filed

PIL in W.P.No.21412/2007 and this Court disposed of the

said writ petition vide order dated 12.11.2009 directing

- 3 -

the respondents therein to take appropriate action for

removal of encroachment, if any, after following due

procedure. On the basis of the order passed by this Court

in PIL, the second respondent has passed the impugned

order to set aside the sub divisions effected in CTS

Nos.3603 & 3609 and further directed the ADLR to

measure the area in question to demark the open space,

public road etc. Hence, this writ petition.

Heard the learned counsel for petitioners,

learned H.C.G.P. for respondent Nos.1

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