IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE A. S. BOPANNA WRIT PETITION NO.40901/2017 (GM - RES) BETWEEN:
SMT.MAHALAKSHMI W/O VELU, AGED ABOUT 32 YEARS NO.62, RMC YARD, GAJANANA SLUM RAJAJINAGAR BENGALURU-560010. .. PETITIONER (By SRI. AJIT KALYAN, ADVOCATE) AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HOUSING, VIKAS SOUDHA BENGALURU-560 001 2. THE COMMISSINER KARNATAKA HOUSING BOARD KAVERI BHAVAN, K.G.ROAD BENGALURU-560 009. .. RESPONDENTS (By Sri KIRAN KUMAR T L, AGA FOR R1, Sri H M MANJUNATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE DTD.8.7.2017 AND 10.8.2017 MADE BY THE PETITIONER VIDE ANNEX-K AND L AND DIRECT THE R-2 TO ALLOT THE ALTERNATIVE SITE TO MIG -2-1099 AND ISSUE A PERMANENT ALLOTMENT LETTER IN HER NAME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to the respondents to consider representations dated 8.7.2017 and 10.8.2017 as at Annexures-“K” and “L” and direct respondent No.2 to allot alternative site to MIG- 2, 1099 and issue a permanent allotment letter in her name.
2. The case of the petitioner is that pursuant to certain directions issued by this Court with regard to the manner of consideration to be made by respondent No.2 herein, a temporary allotment letter dated 4.6.2013(Annexure-A) is issued to the petitioner. The petitioner contends that pursuant to the same, the petitioner has also paid allotment price as required to be paid by the petitioner. In that view, the petitioner contends that respondent No.2 is required to proceed further in the matter to complete the transaction of allotment in favour of the petitioner. Since steps in that regard were not taken by respondent No.2, the representations dated 8.7.2017 and 10.8.2017 are stated to have been submitted by the petitioner but since the same has not evoked any response, the petitioner is before this Court.
3. The petitioner has also relied on the order dated 19.9.2016 passed in W.P.Nos.44187-44192/2016 (Annexure-“F”) to contend that the petitioners therein who are similarly placed as that of the petitioners herein were before this Court and this Court had issued direction to consider their representations. Having perused the same, it is seen that this Court has observed as follows:-
“In a matter of the present nature, when it is seen that the second respondent has issued the temporary allotment letters and the petitioners also claim that the amount has been deposited pursuant to the same, these are aspects which are to be kept in view by the second respondent and a decision on the representations at Annexure-H series is to be taken and if the consideration therein is to issue the permanent allotment letters, steps in that regard is required to be taken.”
4. In that view of the matter, similar consideration is required in the instant petition to direct the second respondent to take note of the temporary allotment letter and find out as to whether the deposits said to have been made by the petitioner is in compliance of the requirement and as to whether the second respondent is required to take any action to issue permanent allotment letter and complete the transaction. These are issues which are to be taken note of by the second respondent while taking into consideration the representations said to have been filed by the petitioner. To enable the same, the petitioner shall now submit one more copy of the representation and all supporting documents along with the copy of this order to the second respondent. The second respondent shall there upon take a decision with regard to the same as expeditiously as possible but not later than six weeks and convey the same to the petitioner.
5. The petition is accordingly disposed of.
Sd/- JUDGE *alb/-.