Karnataka High Court
WP/35830/2024 of SMT AMEENABI Vs THE STATE OF KARNATAKA on 31 December 2024
2024:KHC:53321 WP No. 35830 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.35830 OF 2024 (LB-RES) BETWEEN: 1. SMT AMEENABI W/O LATE HUSAIN SAB AGED ABOUT 65 YEARS OCC-COOLIE 2. FAZANA
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
-WRIT PETITION NO.35830 OF 2024 (LBRES)
BETWEEN:
1. SMT AMEENABI W/O LATE HUSAIN SAB AGED ABOUT 65 YEARS OCC-COOLIE W/O LATE HUSAIN SAB AGED ABOUT 65 YEARS OCC-COOLIE
2. FAZANA W/O ATIKULLA AGED ABUT 45 YEARS. OCC-COOLIE AGED ABUT 45 YEARS. OCC-COOLIE
3. SHABANA W/O RAFIQ AGED ABOUT 42 YEARS OCC-COOLIE. AGED ABOUT 42 YEARS OCC-COOLIE.
ALL ARE R/OF
ARABILICHI GRAMA PANCHAYAT BHADRAVATHI TALLUK SHIVAMOGGA DISTRICT - 577 233.
…PETITIONERS
(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT.
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI, BENGALURU- 560 001
2. THE TAHASILDAR, BHADRAVATHI BHADRAVATHI TALLUK SHIVAMOGGA DISTRICT. BHADRAVATHI BHADRAVATHI TALLUK SHIVAMOGGA DISTRICT.
3. THE CHIEF EXECUTIVE OFFICER, BHADVATHI TALLUK PANCHAYATH BHADRAVATHI SHIVAMOGGA DISTRICT. BHADVATHI TALLUK PANCHAYATH BHADRAVATHI SHIVAMOGGA DISTRICT.
4. THE PANCHAYATH DEVELOPMENT OFFICER ARABILICHI GRAMA PANCHAYAT BHADRAVATHI TALLUK SHIVAMOGGA DISTRICT. ARABILICHI GRAMA PANCHAYAT BHADRAVATHI TALLUK SHIVAMOGGA DISTRICT.
…RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTUION OF INDIA PRAYING TO QUASH THE NOTICE/MEMORANDUM ISSUED BY THE RESPONDENT NO.3 DATED 24/10/2024 BEARING NO. PRODUCED AT ANNEXURE-E AND PASS SUCH OTHER ORDER OR DIRECTION AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
2. Notice to respondent Nos.3 and 4 is dispensed with in view of the proposed order to be passed.
3. The petitioners are before this Court seeking for the following relief:
"WHEREFORE, The petitioner above named respectfully pray that, this Hon'ble court be pleased to quash the notice/memorandum issued by the respondent No-3 dated 24-10-2024 bearing No- ಾ. ಪಂ. “ಾ/ಅ(3)/”ಾ ಪಂ ಅ/ ಸ
ಒ ೆ /2024-25/629 produced at ANNEXURE-E-, and pass such other order or direction in the interest of justice and equity."
4. What is under challenge is only to a notice issued by respondent No.3. The petitioner is always at liberty to reply to a notice by placing all the documents that the petitioner seeks to rely upon including making a request for survey of the property. Reserving such liberty, petition stands disposed of. It is needless to say until orders are passed on the reply issued, no coercive steps can be taken by the respondents.
SD/- (SURAJ GOVINDARAJ) JUDGE