IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.36725/2019(GM-KIADB) BETWEEN:
J. THIMME GOWDA, AGED ABOUT 78 YEARS, S/O. LATE JAVARE GOWDA, RESIDING AT NO. 200, JAYADEVA NAGAR, NEXT TO BALAJI ROAD LINES, 8TH CROSS, BHAIRAVESHWARA NAGARA, NEAR RING ROAD, MYSORE 570016. ...PETITIONER (BY SRI SHIVARAMU H. C., ADVOCATE) AND:
1 . STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, M.S. BUILDING, BANGALORE 560001.
2 . THE CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER KIADB, MYSORE RANGE, KRS ROAD, METAGALLI, MYSORE 570016.
3 . THE DEVELOPMENT OFFICER KIADB, MYSORE RANGE, KRS ROAD, METAGALLI, MYSORE 570016. …RESPONDENTS (BY SRI N. SRIDHAR HEGDE, HCGP FOR R1;
SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-2 AND 3 TO CONSIDER THE REPRESENTATION DATED 05.07.2019 PRODUCED AT ANNEXURE-B FILED BY THE PETITIONER IN TERMS OF THE COMMUNICATION DATED 04.01.2014 ISSUED BY THE RESPONDENT-3.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought for a writ of mandamus directing the respondents to consider the communication dated 4.1.2014 issued by the 3rd respondent as per Annexure- A and to direct respondent Nos.2 and 3 to consider the representation dated 5.7.2019 – Annexure-B filed by the petitioner for allotment of the land bearing Sy.No.89 measuring 26 guntas situated at Hebbal Village.
2. It is the case of the petitioner that he is the owner of the land bearing Sy.No.89 measuring 36 guntas which was acquired by respondent Nos.2 and 3 under Preliminary and Final Notification. Since the petitioner had constructed three houses and had been living in the land in question, he sought for re-allotment of land measuring 26 guntas out of 36 guntas acquired by respondent Nos.2 and 3. In turn respondent Nos.2 and 3 and the Central Office has taken a decision on 16.7.2013 approving re-allotment of land measuring 26 guntas in favour of the petitioner which has been communicated to the Joint Secretary, Government of Karnataka and accordingly, the petitioner has deposited a sum of Rs.3,95,571/-. The 3rd respondent was also communicated with regard to allotment in respect of the representation made as per Annexure-B, but the respondents till today have neither considered the representation nor have passed any orders. Therefore, the petitioner is before this Court for the relief sought for.
3. I have heard the learned Counsel for the parties to the lis.
4. Sri H.C. Shivaramu, learned Counsel for the petitioner contended that inspite of the communication made by respondent No.3 as per Annexure-A, respondent Nos.2 and 3 have neither considered the said communication nor have passed any orders in respect of the representation made by the petitioner on 5.7.2019 and unnecessarily, the petitioner is driven before this Court. Therefore, he sought to allow the writ petition.
5. Per contra, Sri P.V. Chandrashekar, learned Counsel on taking notice for respondent Nos.2 and 3 strongly opposed the prayer sought for in the writ petition and contended it for the respondents to consider the representation made by the petitioner on 5.7.2019 and pass appropriate orders in accordance with law, if not already considered and disposed off.
6. The learned High Court Government Pleader submits that whenever an application is filed, it is the bounden duty of the concerned authority to consider and pass appropriate orders within a reasonable period. The said submission is placed on record.
7. Having heard the learned Counsel for the parties, it is an undisputed fact that the property belongs to the petitioner i.e., Sy. No.89 measuring 36 guntas which was acquired by respondent Nos.2 and 3 by a Preliminary and Final Notification. It is the specific case of the petitioner that he has constructed three houses and has been living on the said land and hence, has sought for re-allotment of the land only to an extent of 26 guntas out of 36 guntas and has also deposited an amount of Rs.3,95,571/- for re-allotment of the said land. He has also submitted a representation dated 5.7.2019 for allotment of 26 guntas in Sy.No.89, Hebbal Village, Kasaba Hobli, Mysore Taluk pursuant to the communication dated 4.1.2014, Annexure-A. Therefore, it is for the 2nd and 3rd respondents in particular respondent No.3 – The Development Officer, KIADB, Mysore Range, KRS Road, Meagalli, Mysore to consider the said representation and pass orders in the light of the communication, Annexure-A, if not already disposed off.
8. In view of the above, writ petition is allowed.
Respondent Nos.2 and 3 in particular respondent No.3 is directed to consider the representation of the petitioner dated 5.7.2019 for approval of allotment of 26 guntas in Sy.No.89, Hebbal Village Mysore pursuant to the communication dated 4.1.2014 – Annexure-A within a period of 3 months from the date of receipt of a copy of this order.
Ordered accordingly.
Sd/- Judge Nsu/-