IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.11357/2018 (KLR-RES) BETWEEN:
COL. FREDRICK D’SA VSM (RETIRED) S/O LATE JOHN.L.D’SA, AGED 75 YEARS, R/O NO.42, DOTS DREAM, CUNNINGHAM ROAD CROSS, BANGALORE-560052.
(BY SRI. VISWANATH SABARAD, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-1.
2. THE DEPUTY COMMISSIONER CHICKMAGALURU DISTRICT, CHICKMAGALURU-577101.
3. THE TAHSILDAR MUDIGERE TALUK, MUDIGERE, CHICKMAGALURU DISTRICT-577132.
(BY SRI. VENKATESH DODDERI, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO GRANT ALTERNATIVE LAND TO THE PETITIONER FOR CANCELLING THE GRANT OF THE LAND BEARING SY. NO. 205, KUNDUR GRAMA, BANAKAL HOBLI, MUDIGERE HOBLI, CHICKMAGALORE DISTRICT, AT THE EARLIEST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner herein is seeking a mandamus to direct the Respondents to consider his prayer for grant of alternative land in view of the granted land in Sy.No.205, Kundur grama, Banakal Hobli, Mudigere Taluk, Chickmagalur district, was cancelled by the 2nd Respondent vide order dated 18.01.2008 bearing No.M4 LND CR 78/2007-08.
2. Admittedly, the earlier grant was subject to payment of the value of the land granted by collecting the required fees of Rs.12,264/-. In that view of the matter, the application filed by the petitioner may be considered by the Respondents in accordance with law and the same shall be disposed of within a period of four weeks from the date of receipt of a copy of this order.
3. With these observations, the writ petition is disposed of. No costs.
Learned AGA to file Memo of Appearance within two weeks from today.
Sd/- JUDGE Srl.