IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE W.P.NO.37004/2018(GM-RES) BETWEEN:
SRI H.R.SUBRAMANI S/O LATE SRI RANGASWAMY, AGED ABOUT 61 YEARS RESIDING AT NO.18/36 ‘SUDARSHAN GUEST HOUSE’ LOWER MADIKERI -571 201 … PETITIONER (BY SRI.BHARGAV GOPALASWAMY, ADVOCATE FOR SRI C.R.GOPALASWAMY, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOUSING & URBAN DEVELOPMENT REPRESENTED BY ITS SECRETARY M.S.BUILDING, BANGALORE – 560 001 2. THE KARNATAKA HOUSING BOARD BY ITS COMMISSIONER CAUVERI BHAVAN, BANGALORE – 560 001 3. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT GOVERNMENT OF KARNATAKA ‘VIKAS SOUDHA’, BANGALORE – 560 001 4. THE EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD MYSORE SUB DIVISION MYSURU – 570 001 … RESPONDENTS (BY SMT.PRATHIMA HONNAPURA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.3 & 4 TO CONSIDER THE REPRESENTATION BOTH DATED 08.11.2017 VIDE ANNEXURE-P & P1 RESPECTIVELY AND FURTHER DIRECT TO ALLOT THE HOUSE WHICH IS IN THE OCCUPATION OF THE PETITIONER IN FAVOUR OF HIM ON LEASE- CUM-SALE BASIS BY FIXING A SALE PRICE IN ACCORDANCE WITH LAW AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Bhargav gopalaswamy, for Sri C.R.Gopalaswamy, learned counsel for the petitioner. Smt.Prathima Honnapura, learned Additional Government Advocate for the respondents-1 to 3 .
The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.
2. In this petition, the petitioner has prayed for the following reliefs:
“a) To issue writ of mandamus or such other appropriate writ or order directing the Respondent Nos.3 & 4 to consider the representations both dated 08/11/2017 vide Annexures-P and P1 respectively and further direct to allot the house which is in the occupation of the petitioner in favour of him on Lease-cum-Sale basis by fixing a sale price in accordance with law.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to respondent No.3 to consider and decide his representations (Annexures-P and P1) both dated 08.11.2017 by a speaking order within a period of two months.
4. In view of the aforesaid submission, the writ petition is disposed of with a direction to respondent No.3 to consider the aforstated representations of the petitioner within period of two months 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 TL