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  3. High Court Of Karnatak/
  4. 2024/
  5. December

Smt Ameenabi vs. the State of Karnataka

Decided on 31 December 2024• Citation: WP/35830/2024• High Court of Karnatak
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                                          - 1 -                                     
                                                     NC: 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 W/O ATIKULLA                                           
                      AGED ABUT 45 YEARS.                                           
                      OCC-COOLIE                                                    
                  3.  SHABANA W/O RAFIQ                                             
                      AGED ABOUT 42 YEARS                                           
                      OCC-COOLIE.                                                   
                      ALL ARE R/OF                                                  
                      ARABILICHI GRAMA PANCHAYAT                                    
    Digitally signed  BHADRAVATHI TALLUK                                            
    by SHWETHA                                                                      
                      SHIVAMOGGA DISTRICT - 577 233.                                
    RAGHAVENDRA                                                                     
                                                         …PETITIONERS               
    Location: HIGH                                                                  
    COURT OF                                                                        
    KARNATAKA                                                                       
                  (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 -                                     
                                                     NC: 2024:KHC:53321             
                                                  WP No. 35830 of 2024              
                  2.  THE TAHASILDAR,                                               
                      BHADRAVATHI                                                   
                      BHADRAVATHI TALLUK                                            
                      SHIVAMOGGA DISTRICT.                                          
                  3.  THE CHIEF EXECUTIVE OFFICER,                                  
                      BHADVATHI TALLUK PANCHAYATH                                   
                      BHADRAVATHI                                                   
                      SHIVAMOGGA DISTRICT.                                          
                  4.  THE PANCHAYATH DEVELOPMENT OFFICER                            
                      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                      

                                          - 3 -                                     
                                                     NC: 2024:KHC:53321             
                                                  WP No. 35830 of 2024              
                                      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- (cid:2)ಾ ಪಂ (cid:6)ಾ ಅ(3)/(cid:12)ಾ(cid:13) ಪಂ ಅ/ ಸ
                                                       /                            
                           ಒ (cid:2)ೆ /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                              
                  SMJ                                                               
                  List No.: 1 Sl No.: 74