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SRI. ALLUDI RUDRAIAH NAIDU v. STATE OF KARNATAKA
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NC: 2023:KHC:46572
WP No. 28746 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28746 OF 2023 (LB-BMP)
BETWEEN:
1. SRI. ALLUDI RUDRAIAH NAIDU
S/O LATE GOPALA NAIDU
AGED ABOUT 65 YEARS
PRESENTLY RESIDING IN NO.20
5THCROSS, SRINIVASA ROAD
KADIRENAHALLI, BSK 2ND STAGE
BANGALORE-560070
2. SRI A VENKAT KUMAR
S/O SRI ALLUDI RUDRAIAH NAIDU
AGED ABOUT 39 YEARS
R/A NO.20
5THCROSS, SRINIVASA ROAD
KADIRENAHALLI, BSK 2ND STAGE
BANGALORE-560070
…PETITIONERS
(BY SRI. NIKHIL K.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
MINISTRY OF URBAN DEVELOPMENT
VIDHANA SOUDHA
BANGALORE-560001
2. THE ASSISTANT DIRECTOR TOWN PLANNING
BRUHAT BENGALURU MAHANAGAR PALIKE
RAJARAJESHWARINAGAR CIRCLE
18THCROSS, IDEAL HOMES
RAJARAJESHWARI NAGAR
BANGALORE-560064
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…RESPONDENTS (BY SMT. B.P. RADHA., AGA FOR R1;
SRI.PAWAN KUMAR., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DTD
04.12.2023 BEARING NO.SANI(NAYO)RARANAVA/PO/24/23-24 PASSED BY THE R2 CONTAINED IN ANNEXURE-A AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned AGA is directed to accept notice for respondent No.1 and Sri.Pawan Kumar., learned counsel is directed to accept notice for respondent No.2.
2. The petitioner is before this Court seeking for the following reliefs:
a. To issue a writ in the nature of certiorari quashing the impugned order dated 04.12.2023 bearing No. SANI(NAYO)RARANAVA/PO/24/23-24 passed by the R2 contained in Annexure-A.
b. Issue an appropriate writ or order in the nature of certiorari quashing the Show cause notice dated 04.12.2023 bearing No.
SANI(NAYO)RARANAVA/PO/24/23-24 passed by the R2 contained in Annexure-B.
c. Issue any other appropriate writ, order or direction to respondents including payment of cost deemed fit in
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circumstances of the case in the interest of justice and equity.
3. The short grievance of the petitioner is that by the time the provisional order under sub-section (1) of Section 248 and the show cause notice under sub- section (2) of Section 248 had been served on the petitioner the time prescribed therein had expired.
4. In that view of the matter, the time fixed under the said notices is extended for a period of ten days from today. If the reply of the petitioner is furnished by 2.1.2024, the same shall be considered by respondents No.2 and necessary order passed in accordance with law.
5. Before passing any order under sub-section (3) of Section 248, a joint inspection of the property to be carried out commencing from 10.30 a.m. on 11.1.2024 to ascertain, if the construction being put by the petitioner is in accordance with sanction plan and/or building byelaws.
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6. With the above directions, the writ petition is
disposed of. Sd/-
JUDGE
SR
List No.: 1 Sl No.: 55
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