IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.42246 OF 2016 (GM-KHB) BETWEEN:
SMT. K.R. LAKSHMI W/O. B.K. LOKESH AGED ABOUT 63 YEARS R/AT NO.347, 22ND CROSS 9TH MAIN, H.S.R. LAYOUT 7TH SECTOR BENGALURU-560 102. …PETITIONER (BY SRI ROHITH GOWDA, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOUSING VIKASA SOUDHA M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. THE KARNATAKA HOUSING BOARD 3RD AND 4TH FLOOR CAUVERY BHAVAN K.G. ROAD BENGALURU-560 009.
REP. BY ITS COMMISSIONER. …RESPONDENTS (BY SRI V. SHIVAREDDY, H.C.G.P. FOR R1; SRI H.M. MANJUNATH, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CANCELLATION ORDER DATED 27.01.2016 ISSUED BY THE R-2 PRODUCED AT ANNEXURE-C AND DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER FOR NOT TO CANCEL THE ALLOTMENT, THE SAID REPRESENTATION IS DATED 28.07.2016 PRODUCED AT ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Rohith Gowda, learned counsel for petitioner. Sri V. Shivareddy, learned High Court Government Pleader for respondent No.1 and Sri H.M. Manjunath, learned counsel for respondent No.2.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 27.01.2016 and seeks a writ of mandamus to consider the representation submitted by the petitioner dated 28.07.2016.
4. When the matter was taken up for consideration today, learned High Court Government Pleader for respondent No.1 fairly submitted that the issue involved in the instant writ petition is squarely covered by the order dated 27.03.2016 passed in Writ Petition No.10152 of 2016.
5. In view of the aforesaid submission and for the reasons assigned in the said order, the impugned order dated 27.01.2016 is hereby quashed. If there is any requirement of law to be complied by the petitioner, the respondent No.2 may inform the petitioner and thereafter proceed further in accordance with law.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST