IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.12559 OF 2018 (KLR-LG) BETWEEN:
BHOVI JANANGA OKKUTA (R) NO.1702, SHIVANAPALYA MAIN ROAD, HOYSALA CIRCLE, KENGERI UPANAGARA BENGALURU - 60 REPRESENTED BY ITS STATE PRESIDENT,NANJAPPA BHOVI. ...PETITIONER (BY SRI T.A.KARUMBAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA REVENUE DEPARTMENT VIKASA SOUDHA, DR.B.R.AMBEDKAR ROAD, BENGALURU - 01 REPRESENTED BY ITS SECRETARY.
2. DEPUTY COMMISSIONER BENGALURU URBAN DSITRICT BENGALURU -01.
3. TAHSILDAR, BENGALURU NORTH TALUK, KANDAYA BHAVAN, K.G.ROAD, BENGALURU – 01.
4. THE BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU - 20 BY THE COMMISSIONER. ...RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO DENOTIFY AN EXTENT OF 5 ACRES OUT OF 13.5 ACRES IN SY.NO.30 OF HENNUR VILLAGE, BENGALURU NORTH TALUK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The Petitioner-Federation is seeking direction to first respondent to de-notify an extent of 5 acres out of 13.25 acres in Sy.No.30 of Hennur Village, Bengaluru North Taluk. The further direction is to grant the same to the petitioner for the purpose for which it is required.
2. The brief facts leading to this writ petition are as under:
The Petitioner-Federation said to be represented by its State President, Sri Nanjappa Bhovi has approached this Court seeking mandamus to the Government based on a representation given by him. Admittedly, the first of the representation given by him is prior to 18.03.2010. The said reference is seen in a note put up by the Secretary to the Chief Minister wherein he would say that a representation given to the Chief Minister is sent to the Secretary, Revenue Department for consideration. Admittedly, the note does not indicate that he was directed by the Chief Minister to refer this matter to the Secretary, Revenue Department. This is the beginning of the exercise by the petitioner to secure 5 acres of land out of aforesaid 13.25 acres. Thereafter, several correspondence has taken place between different Authorities in pursuance to the representation which is made by the petitioner. In the entire set of documents which are produced before the Court, there is not even a single piece of document, which would indicate that at any point of time either the Chief Minister or the concerned Minister had evinced any interest to consider the prayer of the petitioner and consequently indicate that the file should be put un in that regard. Based on the note of the Secretary to the Chief Minister, the entire exercise is being done to project as if there is a vested right in the petitioner to seek allotment of 5 acres of land in a particular place which is already ear-marked as Park and given to B.B.M.P. as could be seen from the material produced by the petitioner himself.
3. In that view of the matter, this Court would hold that there is nothing on record which entitles the petitioner as a matter of right to seek a particular piece of land to be considered for grant in favour of the Petitioner-Federation. In that view of the matter, the prayer as sought in the writ petition cannot be considered. Accordingly, this writ petition is dismissed.
Sd/- JUDGE dh