LAYOUT v. (BY SRI. K S HANISH.,GA)
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
1. SRI RAMESHA H N AGED ABOUT 52 YEARS, S/O LATE NARAYANAPPA, R/AT NO.5, 1ST FLOOR, 2ND MAIN, AGRAHARA MAIN RAOD, NEAR VAGA DEVI SCHOOL, SREE BALAJI LAYOUT, KOGILU, YELAHANKA, BENGALURU-560064. …PETITIONER (BY SRI. ARNAV A BAGALWADI.,ADVOCATE) AND:
THE STATE OF KARNATAKA BY REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU560001.
THE POLICE INSPECTOR BENGALURU METROPOLITAN TASK FORCE, 2ND FLOOR, NR RD. SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA-560002. (BY SRI. K S HANISH.,GA) …RESPONDENTS Digitally signed by V KRISHNA Location: High Court of Karnataka THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE NOTICE DATED NO. ADGP/BMTF/PETITION/479/2024 PASSED BY THE R2 AT ANNEXURE-A AND ETC. 18/05/2024 BEARING - 2 - NC: 2024:KHC:22430 WP No. 16102 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER In this petition, petitioner seeking for the following relief: "WHEREFORE, the petitioner prays that this Hob'ble Court may be pleased to: i) An ad-interim order staying the operation and implementation of the notice dated 18.05.2024 and 5.06.2024 both bearingno.ADGP/BMTF/Petition/479/ 2024 is produced as Annexure A & B 2nd respectively issued respondent against the petitioner pending disposal of this writ petition. ii) An ad-interim order restraining the 2nd Respondent from interfering with the lands in Sy.No.2/1/ & 2/3 measuring an extent of 1 Acre, converted from agriculture to non-agriculture residential purpose situated at: Huvinayakanahalli Village, Jala Hobli, Yelahanka Taluk. "
2. Learned counsel for the petitioner submits that pursuant to the impugned notices at Annexure-A, dated 18.05.2024 and Annexure -B, dated 05.06.2024, the respondents are attempting to interfere with the petitioner's possession and enjoyment of the subject lands and as such, the petitioner is before this Court by way of the present petition. - 3 - NC: 2024:KHC:22430 WP No. 16102 of 2024
Per contra, learned Government Advocate submits that having regard to the facts that the date stipulated in the impugned notices has already come to an end and expired, the present petition has been rendered infractous as on today and the same may be disposed off.
In view of the aforesaid facts and circumstances and the undisputed fact that in Annexure-A, dated 18.05.2024 the petitioner was called upon to appear on 03.06.2024 and in Annexure-B, dated 05.06.2024 ,the petitioner was called upon to appear on 12.06.2024 and since both the dates have expired as on today, I deem it just and appropriate to dispose off this petition directing the petitioner to appear before the respondents and submit pleadings, documents and etc., which shall be considered by the respondents, who will proceed further and pass appropriate orders/take appropriate decisions accordance with law after providing sufficient and reasonable opportunity to the petitioner and hearing him. It is further directed that till the respondents consider and pass appropriate orders/takes appropriate decisions as stated supra, the parties are directed to maintain Status-quo in all aspects as on today in relation to the subject properties. - 4 - NC: 2024:KHC:22430 WP No. 16102 of 2024
Petitioner shall appear before respondent No.2 on
05.07.2024 without awaiting further notice from respondent No.2. Sd/- JUDGE PHM List No.: 1 Sl No.: 24
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.