KALLAPPA YASHWANT PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By consent of the learned Counsel appearing for the parties, arguments were heard and the following order passed.

(2.) The short point for consideration is whether the Belgaum Urban Development Authority, Belgaum is justified in defying the order passed by the State of Karnataka under Annexure-D wherein a direction was issued by the State of Karnataka to the 2nd respondent to give up the open space as well as the dead-end of the road.

(3.) The undisputed fact is that the State Government took a decision on the representations made by the petitioners on 9-3-1987 and 5-9-1988., aggrieved by the order of the 2nd respondent dated 19-8-1987 calling upon the petitioner to hand over the area covered by the dead-end of the road along with the open space to the corporation. In spite of the decision taken and direction issued by the State Government to the 2nd respondent to give up the open space as well as the dead-end road in question, the 2nd respondent has not implemented the direction.