IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55394 OF 2017 (GM-RES) BETWEEN:
MR. AJAY AGHARWAL S/O O.P. AGHARWAL AGED 40 YEARS R/No.501, BRINDAVAN RESIDENCY ROAD UTTARAHALLI MAIN ROAD BANGALORE.
(BY MR. DEEPAK B.R. ADV.) AND:
THE COMMISSIONER RAMANAGARA CHANNAPATNA URBAN DEVELOPMENT AUTHORITY 1ST FLOOR, RAMANAGAR CORPORATION COMPLEX RAMANAGAR-571511.
(BY MR. MURTHY DAYANANDA NAIK, ADV.,) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITY TO ISSUE ABSOLUTE SALE DEED IN FAVOUR OF THE PETITIONER WITHOUT COLLECTING ANY PENALTY & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Deepak B.R., learned counsel for the petitioner.
Mr.Murthy Dayananda Naik, learned counsel for the respondent.
The writ petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner is seeking for a writ of mandamus directing the respondent authority to issue absolute sale deed in favour of the petitioner without collecting any penalty.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the he be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
4. In view of the submissions made and taking into account the nature of relief as prayed for by the petitioner, the writ petition is disposed of with a liberty to the petitioner to submit a fresh representation with regard to his grievance raised in the petition to the competent authority. Needless to state the same shall be decided by the competent authority within a period of four months weeks from the date of receipt of such a representation by a speaking order. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS