IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.49532/2018 (LB-RES) BETWEEN:
Sri Grama Devatha Seva Samithi A registered Trust having its office at Grama Devatha Circle Kunigal Town, B.M. Road Kunigal, Tumkur District – 572 130. Rep. by its President Mr. K.N. Thimmanna S/o. Late Narasimaiaha Aged 68 years (By Sri. Keshava Murthy B., Advocate) AND:
1. The State of Karnataka Represented by its Secretary Department of Revenue M.S. Building, Dr. Ambedkar Veedhi Bangalore – 560 001.
2. The Dy. Commissioner Mini Vidhana Soudha Tumkur – 572 101.
3. The Chief Officer Town Municipal Council …Petitioner B.M. Road, Kunigal Tumkur District – 572 130. ...Respondents (By Smt. Prathima Honnapura, AGA for R1 & R2 Sri Y.D. Shivashankara, Adv., for R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent No.2 Deputy Commissioner, Tumkur directing to consider the representation dated 08.07.2016 vide Annexure-A and consequently direct the respondent No.2 to sanction the land allotted by the Town Municipal Council in favour of the Grama Devatha Temple, Kunigal.
This Petition coming on for ‘Preliminary hearing in ‘B’ Group’ this day, the Court made the following:
O R D E R The petitioner - Sri Grama Devatha Seva Samithi has sought for an appropriate direction to respondent No.2 - Deputy Commissioner, Tumkur to consider the representation dated 08.07.2016 vide ‘Annexure-A’ and to grant land identified by the Town Municipal Council.
2. It is submitted that during the road widening activity, the property of temple was made used of by National Highway Authority. Consequent thereto, respondent No.3 passed a resolution and has recommended to the Deputy Commissioner for allotment of an extent of 63ft x 52ft of land belonging to respondent No.3 in property No.34/33 of the Town Municipal Council, Kunigal. A copy of the said resolution is enclosed as ‘Annexure-E’.
3. It is submitted that after the said resolution, in the year 2015, survey has been conducted by the Taluka Surveyor along with Tahasildar and the extent of 63ft x 52ft was resolved to be granted for the temple as identified. Copy of report in survey sketch is enclosed at ‘Annexure-C’.
4. The petitioner has submitted that allotment with respect to the temple has not yet been finalized by respondent No.3. It is respondent No.2, who had to grant permission to enable necessary grant to be made by respondent No.3 in terms of Section 72 of Karnataka Municipalities Act, 1964 ( for short the ‘Act’).
5. The learned AGA submits that necessary decision will be taken in that regard. Respondent No.3 to send a copy of resolution with a fresh representation to respondent No.2 seeking necessary permission as contemplated under Section 72 of the Act.
6. The learned counsel for respondent No.3 submits that such communication seeking necessary permission will be submitted within a period of two weeks from the date of receipt of certified copy of the order. Upon receipt of the same, respondent No.1 to take necessary decision in that regard in accordance with law within a period of six weeks thereof.
Accordingly, the petition is disposed off subject to the above observations.
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