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  • sub- section (2) of Section 248
  • sub-section (3) of Section 248,
  • sub-section (1) of Section 248
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • sub- section (2) of Section 248
  • sub-section (3) of Section 248,
  • sub-section (1) of Section 248
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    SRI. ALLUDI RUDRAIAH NAIDU v. STATE OF KARNATAKA

    - 1 -

    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

    - 2 -

    …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

    - 3 -

    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.

    - 4 -

    6. With the above directions, the writ petition is

    disposed of. Sd/-

    JUDGE

    SR

    List No.: 1 Sl No.: 55

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    SRI. ALLUDI RUDRAIAH NAIDU v. STATE OF KARNATAKA
    (Dec 20, 2023)