LAWS(KAR)-2018-10-87

HUBLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR Vs. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT

Decided On October 22, 2018
Hubli-Dharwad Urban Development Authority, Navanagar Appellant
V/S
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT Respondents

JUDGEMENT

(1.) This intra-court appeal is filed by the Hubli- Dharwad Urban Development Authority (for short, 'HUDA') against the order passed by the learned Single Judge of this Court dated 21.02.2018 made in WP No.105734/2016 allowing the writ petition thereby quashing the communication dated 17.06.2016 issued by the present appellant with a direction to the appellant-2nd respondent to consider the petitioner's application as per Annexure-H dated 15.06.2016 for approval of the layout plan within two months from the date of receipt of the copy of the said order.

(2.) Respondent No.2 herein who is the petitioner before the learned Single Judge filed WP No.105734/2016 for a writ of certiorari to quash the Endorsement dated 17.06.2016 bearing Y.V/Vinyasa/Rayanala/2016-17-1174 issued by the appellant-2nd respondent to the petitioner as per Annexure-J and to issue a writ of mandamus directing to 2nd respondent to consider the petitioner's application dated 15.06.2016 at Annexure-J for sanction of the layout plat in Sy.No.88 of Raynala Village, Hubli situated within the jurisdiction of the 2nd respondent to an extent of 20 acres.

(3.) It is the case of the respondent No.2-petitioner before the learned Single Judge that it has established a factory for manufacturing Electrical Motors and Generators over an extent of 88.63 acres in Sy.No.88 and 89 of Rayanala Village, Hubli Taluk situated within the jurisdiction of the 2nd respondent.