IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.43453 OF 2016 (GM-RES) BETWEEN:
SRI BEERAN KUTTI K.M. AGED 74 YEARS NO.174, GUNDURAO EXTENSION 1ST BLOCK, B.M. ROAD KUSHALNAGAR-571 234. …PETITIONER (BY SRI ARJUN R. KHOT, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER PRESIDENT IDSMT COMMISSION KODAGU DISTRICT MADIKERI-571 201.
3. THE ASSISTANT COMMISSIONER MADIKERI SUB-DIVISION MADIKERI-571 201.
4. CHIEF OFFICER PATTAN PANCHAYAT KUSHALNAGAR-571 201. …RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A. FOR R1 TO R3; R4- SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 12.10.2011 VIDE ANNEXURE-A FOR ALLOTMENT OF THE SITE MEASURING 40 X 60 AT KUSHALNAGAR IN GUNDURAO EXTENSION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Arjun R. Khot, learned counsel for petitioner. Sri Y.D. Harsha, learned Additional Government Advocate for respondents No.1 to 3.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks a direction to the respondents to consider the representation of the petitioner dated 12.10.2011 contained in Annexure-A for allotment of the site in question.
4. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that the petitioner has submitted a representation for allotment of site to respondent No.2- Deputy Commissioner and the aforesaid authority be directed to decide the representation submitted by the petitioner in accordance with law.
5. On the other hand, learned Additional Government Advocate for respondents No.1 to 3 submits that suitable action in accordance with law will be taken to decide the representation submitted by the petitioner.
6. In view of the submissions made and in the facts of the case, the petition is disposed of with a direction to respondent No.2-Deputy Commissioner to decide the representation submitted by the petitioner in accordance with law by a speaking order within a period of six weeks from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE ST