IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 09TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.25263 OF 2019 (LB-RES-PIL) BETWEEN:
MR SARFARAZ H. MULLA SON OF HASAN SAB MULLA, AGED ABOUT 33 YEARS, RESIDENT OF TEACHERS COLONY, NEAR MUDHOLA ROAD, JAMAKHANDI, BAGALAKOTE DISTRICT - 587 301. (BY SRI KASHINATH J.D., ADVOCATE) AND:
... PETITIONER 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR.B.R.AMBEDKAR STREET, BENGALURU – 560 001 REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER, BAGALAKOTE DISTRICT, BAGALAKOTE – 587 103.
3. THE COMMISSIONER CITY MUNICIPAL COUNCIL, JAMAKHANDI, BAGALAKOTE DISTRICT – 587 103.
... RESPONDENTS (BY SRI I.THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2;
SRI SHIVAYOGISHA SHIVAYOGIMATH ADVOCATE FOR SMT. RATHNA .N, SHIVAYOGIMATH, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO RRESPONDENT NO.3 MUNICIPALITY TO PROTECT THE PROPERTY BEARING CTS NO.4785 OF A23 TEACHERS COLONY, JAMAKHANDI [AS PER ANNEXURE – A] AS EXCLUSIVE USAGE OF GARDEN BY VACATING THE ILLEGAL CONSTRUCTIONS TEMPLE, PRAYERR HALL OR ANY OTHER CONSTRUCTIONS WHICH MAY DIVERT THE USAGE OF THE SAID FROM GADEN AND OTHER PUBLIC USAGE ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This petition is filed seeking for an appropriate order to direct respondent No.3 to remove the illegal constructions, temple, prayer hall or any other constructions, etc. and to use the land for public purpose.
2. During the pendency of this proceedings, an order was passed on 18.11.2019 directing respondent No.3 to immediately take action for removal of the temple within a period of two weeks from that date, if necessary, with police help.
3. Petitioner’s counsel is absent.
4. Today a memo is filed by the respondent No.3 stating that respondent No.3 has removed the unauthorized temple upon the public garden in ward No.30, Teachers Colony, coming under the limits of Jamakhandi City Municipal Council, on 5.12.2019. He has also enclosed the photographs in support of the said memo.
5. In view of the same, nothing further survives for consideration. However, it is needless to state that I.A filed for impleading the applicants need not be considered in this proceedings. The proposed applicants are entitled in law to protect their interest in the manner known to law.
Writ petition is disposed off accordingly.
Sd/- JUDGE Cs/-
CT:Mj Sd/- JUDGE