IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5885/2018 (LA-RES) BETWEEN SRI.A.SACHIDANANDA, S/O LATE A.A.MUNISWAMY, AGED ABOUT 63 YEARS, RESIDING AT NO.5304, “VEDANTHI”, NANDI ENCLAVE, 2ND CROSS, 3RD PHASE, 5TH BLOCK, BANASHANKARI III STAGE, BANGALORE – 560 085.
REPRESENTED BY G.P.A. HOLDER V.S.CHANDRASHEKHAR.
... PETITIONER (BY SRI. S.VENKATESHWARA BABU, ADV.) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE VIDHANA SOUDHA, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G.ROAD, BENGALURU – 560 009.
3. THE TAHSILDAR, ANEKAL TALUK, BANGALORE URBAN DISTRICT – 562 106.
4. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BANGALORE URBAN, KANAKAPURA ROAD, BANASHANKARI, BANGALORE – 560 085.
5. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, ANEKAL TALUK, ANEKAL – 562 106.
6. THE VILLAGE ACCOUNTANT/ SECRETARY, RAJAPURA VILLAGE PANCHAYATH, JIGANI HOBLI, ANEKAL TALUK – 562 106.
... RESPONDENTS (BY SRI.S.S.INDIRESH, AGA FOR R1 TO R3; NOTICE TO R4 TO R6 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AT ANNEXURE – F WHICH IS DATED 14.08.2017 AND ALSO DIRECT THE RESPONDENTS TO REMOVE THE ILLEGAL ENCROACHMENTS MADE BY THEM ON THE SCHEDULE PROPERTY BELONGING TO THIS PETITIONER, ALTERNATIVELY DIRECT THE RESPONDENTS TO ALLOT THE SAME MEASURMENT OF LAND I.E., 24 GUNTAS IN THE SAME VICINITY IN LIEU OF THEIR ILLEGAL ENCROACHMENTS MADE BY THE RESPONDENTS AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. S. Venkateshwara Babu, learned counsel for the petitioner.
Sri. E.S. Indiresh, learned Additional Government Advocate for the respondent Nos.1 to 3.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a direction to the respondents to consider the representation submitted by the petitioner dated 14.08.2017 vide Annexure-F.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondents to consider the representation dated 14.08.2017 submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate for the respondent Nos.1 to 3 submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE nvj