IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.9106/2018 (LB RES) Between:
K.C.Akhila Shekar, W/o H.N.Chandrashekar, Aged about 33 years, R/at Huskur Village, Dasanapura Hobli, Bangalore North Taluk, Bangalore District – 560 099.
(By Sri VirupakshaiahP.H, Advocate) And:
1. State of Karnataka, Represented by its Secretary, Department of Rural Development And Panchayat Raj, MS Building, Bangalore – 560 009.
2. The Chief Executive Officer, Zilla Panchayat, Bangalore Urban District, Banashankari, Bangalore – 560 070.
…Petitioner 3. The Executive Officer, Taluk Panchayat, Bangalore North Taluk, Yelahanka, Bangalore – 560 065.
4. Panchayat Development Officer, Huskur Grama Panchayat, Dasanapura Hobli, Bangalore North Taluk, Bangalore District – 560 009.
(By Sri Anandishwara, HCGP for R1, Sri M.Pradeep, Advocate for R2 to R4) …Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the 4th Respondent authority to consider the representation dated 02.08.2017 filed by the petitioner herein vide Annexure-D expeditiously.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
O R D E R In this writ petition, the petitioner has sought for the following reliefs:
“a) Issue writ in the nature of Mandamus or any other writ or Order or Direction in the similar nature directing the 4th Respondent authority to consider the representation dated 02.08.2017 filed by the petitioner herein vide Annexure-D expeditiously;
b) Grant such other relief or relief’s as this Hon’ble Court may deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
2. The learned counsel for the petitioner submitted that by executing a gift deed dated 29.07.2017, the property bearing Khata No.57/57 situated at Huskur Village, Dasanapura Hobli, Bengaluru North Taluk, was gifted to him by one Smt.H.S.Premaleela. Pursuant to that, the petitioner has filed a representation dated 1.08.2017 at Annexure-D to the Gram Panchayat enclosing copy of the registered gift deed seeking for entries under Rules 11 and 12 of the Karnataka Panchayat Raj (Grama Panchayats Taxes and fees) Rules 1994. Since the representation dated 01.08.2017 is not yet considered, the petitioner has approached this Court.
2. Learned counsel for the respondents submitted that if reasonable time is granted, the same will be considered in accordance with law.
3. It is not in dispute that the representation dated 01.08.2017 vide Annexure-D submitted by the petitioner to the Grama Panchayat is pending for consideration. Under these circumstances, it is suffice for this Court to direct respondent No.4 to consider the representation of the petitioner vide Annexure-D, in accordance with law, within a period of three months from the date of receipt of a certified copy of this order.
With the above observations, the writ petition is disposed of.
Sd/- JUDGE HB*