IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs. 30542/2018 & 31762-763/2018 C/W WRIT PETITION NOs. 14334-336/2017 (GM-RES) IN W.P. NOs. 30542/2018 & 31762-763/2018:
BETWEEN:
1. SMT. G MAHADEVAMMA, W/O SRI.K.B.NARAYANA, AGED ABOUT 62 YEARS, R/A KUDURUGUNDI, GEGGELGERE POST, MADDUR TALUK, MANDYA DISTRICT – 571 428.
2. SRI. H VEERABASAPPA, S/O LATE HUCHAPPA AGED 82 YEARS, R/AT NO.1413, HOUSING BOARD, QUARTERS, MALAVALLI TOWN, MALAVALLI – 571 428.
3. SRI. SYED FAKRUDDIN, S/O LATE SYED IBRAHIM, AGED 82 YEARS, R/O 1409, HOUSING BOARD, QUARTERS, MALAVALLI TOWN, MALAVALLI – 571 428.
(BY SRI. JEEVAN KUMAR B S, ADVOCATE) …PETITIONERS AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, M.S. BUILDING (7TH FLOOR), BANGALORE – 560 001.
2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, K.R.CIRCLE, BANGALORE – 560 001.
3. THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT, NAZARBAD, MYSORE- 570001, THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MANDYA- 571 401.
4. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MANDYA – 571 401.
(BY SRI. Y D HARSHA, AGA FOR R1 TO 4) …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION/MANDAMUS TO THE RESPONDENTS TO CONSIDER THE GOVERNMENT PROCEEDINGS DATED 09.01.1989, 4.10.2008 AND GOVERNMENT ORDER DATED 02.07.2008 ANNEXURE-R, S,T, KARNATAKA HOUSING BOARD, RESOLUTION SUBJECT NO.44 RESOLUTION AND ALSO THE ORDER OF THIS HON’BLE COURT IN W.P.NO.77630-634/2013 AND 77713-728/2013 ANNEXURE-U DATED 24.04.2013 AND TO ACCEPT THE MARKET VALUE OF THE SCHEDULE PROPERTY AND TO CONVEY THE SAME TO PETITIONERS AND RESTRAIN THE RESPONDENTS TO ALLOTTING OR SELLING THE SCHEDULE PROPERTIES IN FAVOUR OF OTHERS FOR THE REASONS STATED IN THE PETITION.
IN W.P. NOs. 14334-336/2017: BETWEEN:
1. SRI H VEERABASAPPA S/O LATE HUCHAPPA, AGED 82 YEARS, R/AT NO. 1413, HOUSING BOARD QUARTERS, MALAVALLI TOWN, MALAVALLI - 571 428.
SENIOR CITIZEN BENEFIT NOT CLAIMED.
2. SRI SYED FAKRUDDIN S/O LATE SYED IBRAHIM, AGED 80 YEARS, R/O NO. 1409, HOUSING BOARD QUARTERS, MALAVALLI TOWN, MALVALLI - 571 428.
SENIOR CITIZEN BENEFIT NOT CLAIMED.
3. SMT. S MAHADEVAMMA, W/O SRI K.B.NARAYAN, AGED 61 YEARS, R/O NO. 1207 HOUSING BOARD, QUARTERS, MALVALLI TALUK, MALAVALLI TOWN, MALAVALLI - 571 428.
... PETITIONERS (BY SRI. JAGADEESH H T, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, M.S.BUILDING (7TH FLOOR), BANGALORE - 560 001.
2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, K.R.CIRCLE, BANGALORE - 560 001.
3. THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT, NAZARBAD, MYSORE - 570 001.
4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MANDYA - 571 401.
5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MANDYA - 571 401.
(BY SRI. Y D HARSHA, AGA FOR R1-5) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEX-K ORDER DATED 14.3.1996 PASSED BY THE R-2 DATED 14.3.1996 AND ISSUE WRIT OF MANDAMUS CONSIDER THE COMMUNICATION BY THE R-2 DATED 31.5.1995 AT ANNEX-L AND SOLD THE HOUSE IN FAVOUR OF PETITIONERS AND ALLOW THE APPLICATION AS PRAYED FOR THEREIN.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In these petitions, the petitioners are seeking for a writ of mandamus to the respondents to consider the representations submitted by the petitioners contained in Annexures-R, S and T and to dispose of the same by a speaking order.
3. When the matter was taken up today, learned counsel for the petitioners submitted that with regard to the grievance of the petitioners, they have submitted their representations to the competent authority and inter alia seek for a direction to the respondents to consider their representations.
4. The learned Addl. Government Advocate submits that suitable decision on the representations submitted by the petitioners shall be taken.
5. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a direction to the competent authority that suitable action on the representation submitted by the petitioners shall be taken in accordance with law by the competent authority by a speaking order within 3 months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE Snb/