IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.1591 OF 2015 (LB-BMP) BETWEEN:
SMT. RADHA A WIFE OF SRI SHANMUGAM, AGED ABOUT 49 YEARS, RESIDING AT NO.64, 3RD CROSS, ANJANAPPA GARDEN, MYSURU ROAD, BENGALURU-560 018.
(BY SMT. G. K. SREE VIDYA, ADVOCATE) AND:
1. THE COMMISSIONER ... APPELLANT BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, N.R. SQUARE, BENGALURU-560 002.
2. THE ASSISTANT REVENUE OFFICER JAGAJEEVAN RAM NAGAR RANGE, BRUHAT BENGALURU MAHANAGARA PALIKE, GOODS SHED ROAD, BENGALURU-560 053.
... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.33029 OF 2014 DATED 19.11.2014.
***** THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 19.11.2014, passed by the learned Single Judge, in Writ Petition No.33029 of 2014, the present appeal is filed.
2. On 15.09.2016, the appellant counsel submitted that the impugned order of the learned Single Judge is likely to be challenged by filing a review petition. Even after almost 1½ years, nothing has been done. Therefore, we have heard the learned counsels on merit.
3. The learned Single Judge in the impugned order has noted that even according to the learned counsel for the petitioner, the purchase of the small extent of land from out of a large extent tantamounts to sub-division of a plot requiring sanction under Section–17 of the Karnataka Town and Country Planning Act, 1961 and therefore no mandamus would lie.
4. Notwithstanding the merits of the appeal, a memo is filed in the Court today, indicating that the appellant would be satisfied if her representation vide Annexure-E, dated 30.11.2013 is considered by respondent No.2. We find no reason to disallow such a prayer. Hence, the appeal is partly allowed. Respondent No.2 to consider the representation of the appellant, vide Annexure-E dated 30.11.2013, as expeditiously as possible.
Sd/- Sd/-
JUDGE JUDGE JJ/-
CT:SM