IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.51529 OF 2019 (GM-RES-PIL) BETWEEN:
L. ASHWATHNARAYANA CHOWDHARY, AGED ABOUT 45 YEARS, SON OF LATE LINGAPPA, NO.1/13, DUBAI BAZAR COMPLEX, 1ST MAIN ROAD, NEAR COMMERCIAL TAX OFFICE, GANDHINAGAR, BENGALURU – 560 009 ADVOCATE AND ALSO RESIDENT OF DASARAHALLI.
... PETITIONER (BY SRI G.R. MOHAN, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANASOUDHA, BENGALURU – 560 001.
2. THE ADDITIONAL CHIEF SECRETARY KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU – 560 001.
3. THE COMMISSIONER BRUHATH BENGALURU MAHANGARA PALIKE, N.R. SQUARE, BENGALURU – 560 001.
... RESPONDENTS (BY SRI B.V. KRISHNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPPONDENTS TO CONSIDER THE REPRESENTATION DATED 07.11.2019 AS PER ANNEXURE – B AS THE DASARAHALLI ASSEMBLY CONSTITUENCY RESIDENTS AS THE FUNDAMENTAL RIGHTS UNDER ARTICLE 21 OF THE CONTITUTION ARE AFECTED ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This writ petition is filed seeking for a writ of mandamus to direct the respondents to consider the representation of the petitioner dated 7.11.2019.
2. On considering the plea of the petitioner, we are of the view that the writ petition is premature. Reasonable time has to be granted to the respondents to consider the representations and to respond to the same. Filing a petition within a period of twenty days of filing the representation is undoubtedly premature.
Hence, the writ petition is dismissed.
Sd/- JUDGE Sd/- JUDGE Cs/-