1 in the HIGH COURT of KARNATAKA DHARWAD BENCH DATED THIS the 28Th DAY of JUNE 2021 BEFORE the HON'ble MR. JUSTICE H.T.NARENDR
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1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 28th DAY OF JUNE 2021 BEFORE THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD WRIT PETITION No.102039/2021 (LB-RES) BETWEEN: 1 . BHAIRU S/O. DEVAPPA PATIL DHAMANEKAR AGE. 68 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 2 . PEERAJI S/O. DEVAPPA PATIL DHAMANEKAR AGE. 63 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 3 . PARASHURAM S/O. DEVAPPA PATIL DHAMANEKAR AGE. 60 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 4 . LAXMAN S/O. DEVAPPA PATIL DHAMANEKAR AGE. 57 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 5 . MALLAPPA S/O. DEVAPPA PATIL DHAMANEKAR AGE. 68 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 6 . VIJAY S/O. MALLASARJ PATIL AGE. 72 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 7 . JAYAMALA W/O. MOHAN PATIL AGE. 75 YEARS, OCC. AGRICULTURE, 2 R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 8 . TAVANAPPA S/O. MANMATH PATIL AGE. 62 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 9 . SHANTAPPA S/O. MANMATH PATIL AGE. 59 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 10 . SURESH S/O. MANMATH PATIL AGE. 55 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 11 . KALAGOUDA S/O. MANMATH PATIL AGE. 53 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 12 . DHANAPAL S/O. MANMATH PATIL AGE. 50 YEARS, OCC. AGRICULTURE, R/O. BASTAWAD (HALAGA) TQ/DIST. BELAGAVI 13 . SHRINIVAS A. NAIDU AGE. 42 YEARS, OCC. BUSINESS AND AGRICULTURE, DHARWAD REPRESENTED BY THEIR GPA HOLDERS 14 . RAMESH S. IDAGAL AGE. 42 YEARS, OCC. BUSINESS AND AGRICULTURE, DHARWAD REPRESENTED BY THEIR GPA HOLDERS ...Petitioners (By Sri.SHRIHARSH A NEELOPANT, ADV.) 3 AND 1 . THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI 2 . THE COMMISSIONER BELAGAVI URBAN DEVELOPMENT AUTHORITY BELAGAVI …….Respondents (By Sri.VINAYAK S KULKARNI, AGA FOR R1; SRI.M A HULYAL, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO,.2 TO APPROVE THE LAYOUT PLAN SUBMITTED BY THE PETITIONER IN RESPECT OF THE PROPERTY BEARING BLOCK NO.128/3 MEASURING 34 GUNTAS 08 ANNAS SITUATED AT BASTWAD VILLAGE TQ AND DIST BELAGAVI IN ACCORDANCE WITH LAW BY CONSIDERING HIS APPLICATION DATED 03.11.2020 AS PER ANNEXURE-C. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER In the writ petition, the petitioners have sought the following relief: “i) Issue a writ, direction or order in the nature of writ of mandamus directing the respondent No,.2 to approve the layout plan submitted by the petitioner in respect of the property bearing Block No.128/3 measuring 34 guntas 08 annas situated at Bastwad village tq and dist Belagavi in accordance with law by considering his application dated 03.11.2020 as per Annexure-C. 4 ii) To grant such other relief as this Hon’ble Court may deem fit including the cost of this proceeding in the interest of justice and equity.” 2. At the outset, learned counsel appearing for respondent No.2 has suBmitted that pursuant to the petitioners’ representation vide Annexure-C, the matter has Been placed Before the Authority on 27.11.2020. On that date, it was deferred to next meeting. He suBmitted that their application Annexure-C will Be considered in the next meeting in accordance with law. 3. In view of the suBmission of the learned counsel appearing for respondent No.2, the aBove writ petition is disposed off directing respondent No.2 to consider the application of the petitioners vide Annexure-C dated 03.11.2020 in accordance with law within three months from the date of receipt of copy of this order. Accordingly the aBove writ petition is disposed off. Sd/- JUDGE Kgk .