IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION No.63209 OF 2016 (KLR-RES) BETWEEN:
SMT. K. SHANTHAMMA D/O LATE K N KALYANAPPA GOWDA AGED ABOUT 55 YEARS R/O OLD M.C. ROAD MANDYA-571 401. ... PETITIONER (BY SRI L RAJA, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401.
2. THE TAHASILDAR MANDYA TALUK MANDYA-571 401.
3. THE COMMISSIONER MANDYA DEVELOPMENT AUTHORITY MANDYA-571 401. ... RESPONDENTS (BY SMT PRAMODHINI KISHAN, HCGP FOR R1 AND R2) ******* THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND R-2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 01.12.2015 VIDE ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER The learned Government Pleader takes notice for respondent Nos.1 and 2.
2. The plea of the petitioner is for a mandamus to direct respondent Nos.1 and 2 to consider the representation dated 01.12.2015 vide Annexure-E and to direct the respondents to grant hakku patra.
3. The learned Government Pleader submits that his prayer for considering his representation and grant of hakku patra cannot be granted by the Writ Court.
4. On hearing the learned Government Pleader, I’ am of the view, since no documents is forthcoming to indicate that any land has been granted to the petitioner, the question of granting hakku patra would not arise for consideration. It is only when the land has been granted, the State can be directed to consider the representation and can be directed to proceed with the subsequent proceedings. In the absence of any grant of land, the State cannot be directed to grant the land. Hence, there is no merit in the petition. Consequently, the writ petition is dismissed.
5. The learned Government Pleader is permitted to file memo of appearance within four weeks.
SD/- JUDGE NG* CT: SG