IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.9452/2016(KLR-CON) BETWEEN:
SRI.CHANDRASHEKAR AGED ABOUT 62 YEARS S/O LATE VEERAPPA R/AT BYCHANAHALLI VILLAGE SOWMARPET TALUK COORG DISTRICT MADIKERI – 571 201.
(BY SRI. S. NARENDRA, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT. REVENUE DEPARTMENT VIDHANASOUDHA BANGALORE – 560 001.
2 . THE DEPUTY COMMISSIONER COORG DISTRICT MADIKERI – 571 201.
3 . THE ASSISTANT COMMISSIONER COORG DISTRICT MADIKERI – 571 201.
4 . THE CHIEF OFFICER CITY MUNICIPAL COUNCIL KUSHALNAGAR MADIKERI – 571 201.
...PETITIONER 5 . THE JOINT DIRECTOR TOWN PLANNING AUTHORITY REGIONAL OFFICE MYSORE – 570 006.
6. THE DIRECTOR DISTRICT TOWN DEVELOPMENT BOARD DEPUTY COMMISSIONER’S OFFICE MADIKERI – 571201 ….. RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 TO R-3; SRI. R.A. DEVANAND, ADVOCATE FOR R-4; R-5 SERVED AND UNREPRESENTED;
V/O DATED:20.08.2018 R-6 IS DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 HEREIN TO CONSIDER THE REPRESENTATION DATED:05.08.2015 MADE BY THE PETITIONER AT ANNEX-E AND ISSUE FORM NO.3 IN FAVOUR OF THE PETTIIONER PERTAINING TO SY.NO.80/2 OF BYCHNAHALLI VILLAGE KUSHALNAGAR.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri Narendra S, learned Advocate appearing for petitioner and Sri Y.D.Harsha, learned AGA appearing for respondents-1 to 3. Respondent-4 is served and represented by learned Advocate but none have appeared today. Respondent-5 is served and unrepresented. Respondent-6 has been ordered to be deleted vide order dated 20.08.2018.
2. Sri Narendra, learned Advocate appearing for petitioner, at the outset, would fairly submit that petitioner would confine his prayer for issuance of direction to fourth respondent to consider his representation dated 05.08.2015 (Annexure-E) and would not press his prayer for a direction to issue Form No.3 in favour of petitioner pertaining to Sy.No.80/2 of Bychanahalli village, Kushalanagar. His submission is placed on record.
3. Having heard learned Advocates appearing for parties and on perusal of records, it would disclose that land bearing Sy.No.80/2 measuring 5 acres situated at Bychanahalli village, Kushalanagar was permitted to be converted from agricultural to non- agricultural residential purposes by order dated 09.11.2004 (Annexure-A) and pursuant to same, betterment charges have been paid by petitioner on 16.05.2006 (Annexure-C). In fact, petitioner after obtaining order of conversion has executed a Gift deed dated 25.06.2007 (Annexure-B) in favour of fourth respondent – Council whereunder civic amenity sites and sites meant for public purpose had to be gifted by petitioner in favour of fourth respondent as required under Section 81(1)(2) of the Karnataka Municipalities Act, 1964. After execution of Gift deed, petitioner sought for release of sites formed to an extent of 5 acres. Acceding to the request of petitioner, 29 sites were released. Thus, leaving balance of 20 sites to be released in favour of petitioner. Hence, petitioner has submitted representation on 05.08.2015 (Annexure-E) to fourth respondent for issuance of Form No.3 and also for release of remaining sites, which representation has remained unattended to by fourth respondent. Hence, this court is of the considered view that ends of justice would be met if a direction is issued to fourth respondent to consider said representation and pass orders in accordance with law.
Hence, I proceed to pass the following:
ORDER (i) Writ petition is allowed in part.
(ii) A writ of mandamus is issued to fourth respondent to consider the representation dated 05.08.2015 (Annexure-E) submitted by petitioner in accordance with law and pass orders thereon, if not already passed, expeditiously and at any rate, within an outer limit of four weeks from the date of receipt of copy of this order.
SD/- JUDGE *sp