IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.9207/2017(LB-RES) BETWEEN:
SACHIN S.R S/O RAME GOWDA AGED ABOUT 33 YEARS C/O RATHNAKAR BSNL TOWER ROAD VIJAYAPURA CHIKMAGALUR-577101 (BY SRI.PRAKASH M.H., ADV. ) AND ... PETITIONER 1. THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BANGALORE-560 001.
2. THE JOINT DIRECTOR ( DEVELOPMENT) DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR, PODIUM BLOCK AMBEDKAR STREET, BANGALORE-01 3. THE PLANNING DIRECTOR DISTRICT URBAN DEVELOPMENT CELL OFFICE OF THE DEPUTY COMMISSIONER CHIKMAGALUR CITY AND DISTRICT-577101 4. CHIKMAGALUR MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER CHIKMAGALUR TOWN CHIKMAGALUR DISTRICT-577101 ... RESPONDENTS (BY SRI.ANANDEESHWARA, HCGP. FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO RESPONDNET-4 TO ACT ON THE RESOLUTION DATED:11.2.2013 AND TO TAKE APPROPRIATE STEPS FOR ISSUANCE OF LICENSE VIDE ANNEXURE-C AND ISSUE AN WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT-4 TO ACT ON THE REPRESENTATION DATED:3.12.2016 VIDE ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner has sought for the following reliefs:
a) A Writ in the nature of mandamus to respondent No.4 to act on the resolution dated 11.02.2013 and to take appropriate steps for issuance of license vide Annexure- C.
b) A writ, in the nature of mandamus to respondent No.4 to act on the representation dated 03.02.2016 vide Annexure-H.
c) Pass any other order or issue directions in the nature of writs under the circumstances of the case that this Hon’ble Court deems fit in the interest of justice and equity.”
2. The main contention of the petitioner is that the petitioner is the absolute owner of the property bearing No.32, measuring 30x40 feet situated in Ward No.30 of Chikmangalur City. The petitioner has submitted a representation dated 13.12.2016 vide Annexure-H along with the necessary documents for issuance of building licence. Inspite of that, the respondents have not issued the license for construction of residential houses.
4. The learned counsel appearing for the respondent No.4 has submitted that if the petitioner submits a fresh representation along with necessary documents and reasonable time is granted, the same will be considered in accordance with law.
5. In view of the submissions made by the learned counsel appearing for the respondent No.4, it is suffice to direct the petitioner to file fresh representation along with necessary document within two weeks from today. If such representation is made by the petitioner, the respondent No.4 is directed to consider the same in accordance with law within four weeks from the date of the said representation.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE DM