IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.411 OF 2018 (GM-R/C) BETWEEN:
SRI GOWRISHANKARASWAMY ASHRAMA TRUST OPPOSITE TO SREE BANASHANKARAMMA TEMPLE, KANAKAPURA ROAD, REP BY ITS PRESIDENT SRI.M.SHIVARUDRAIAH S/O LATE MARALASIDDAPPA AGED ABOUT 78 YEARS ... PETITIONER (BY SRI. SOMASHEKHARAIAH R. P. , ADVOCATE) AND:
1. THE ENDOWMENT COMMISSIONER MUJARAI DEPARTMENT, CHAMARAJPET, BENGALURU – 560 018.
2. THE BANASHANKARI TEMPLE KANAKAPURA MAIN ROAD, BENGALURU – 560 082.
RERPESENTED BY ITS EXECUTIVE OFFICER (BY SRI.V. SHIVAREDDY, HCGP FOR R.1) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRSENTATION DTD:29.5.2017 UNDER ANNEXURE-E WITH A DIRECTION TO THE R-1 AND TO DIRECT THE R-2 NOT TO TAKE ANY COERCIVE STEPS TO DISPOSESSESS THE PETITIONER FROM THE SCHEDULE PROPERTY PENDING DISPOSAL OF THE CLAIM PETITION PENDING ON THE FILE OF THE IIND ADDL,.CITY CIVIL COURT, BENGALURU [CCH-17] IN LAC NO.55/2016 AND LAC NO.61/2016 UNDER ANNEXURE-S1 AND S2 RESPECTIVELY..
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Somashekharaiah R. P., learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for the respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks for a direction to respondent No.1 to consider the representation submitted by the petitioner dated 29.05.2017 vide Annexure-E.
4. 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 29.05.2017 submitted by the petitioner in accordance with law.
5. On the other hand, learned High Court Government Pleader for the respondents submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
6. 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.
7. 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 SA Ct:sr