IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE P.S. DINESH KUMAR WRIT PETITION No. 24800/2019 (KLR-LG) BETWEEN :
Sri. M.N. Shivakumar S/o. N. Nanjappa Aged about 58 years R/a. Opp. Sri Veerabhadraswamy Temple Mallasandra Village Sondekoppa Post Dasanapura Hobli Bangalore North Taluk. … PETITIONER (By Sri. A. Dharmesh, Adv., for Sri. Sharath Gowda G.B., Adv.) AND :
1. State of Karnataka Rep. by the Secretary Revenue Department M.S. Building Bengaluru – 560 001.
2. The Special Deputy Commissioner Bangalore Urban District Bangalore – 560 027.
3. The Tahasildar Bangalore South Taluk Bengaluru – 560 009.
4. The District Social Welfare Officer Bangalore Urban District Bengaluru – 560 027.
5. The Managing Director Karnataka Public Lands Corporation Ltd., 2nd Floor Deputy Commissioner’s Office Building K.G. Road Bengaluru – 560 009. … RESPONDENTS (By Sri. Y.D. Harsha, AGA for R-1 to 4) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to direct R-1 and R-2 to grant the lands in survey No. 194 measuring 7 guntas situated in Kurubarahalli village, Tavarekere Hubli, Bangalore South Taluk as per the recommendation in Annexure F and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court passed the following;
O R D E R Petitioner claims that he purchased a house site which falls in survey No. 194 of Kurubarahalli Village, Tavarekere Hobli, from one Papanna. The said Papanna had purchased the same from one Anil Kumar Kothari. It is claimed that the said Anil Kumar Kothari had permitted construction of hostel in his land bearing No. 195.
2. Petitioner’s case before this Court is that an exchange deed was executed between Anil Kumar Kothari and the State Government where under survey No. 194 has been granted in favour of Anil Kumar Kothari. On the said premise petitioner is seeking a writ of mandamus seeking a direction to the State Government to grant 7 guntas of land in survey No. 194 to the petitioner.
3. The exchange deed is not produced. No other material is produced to show that the Government has executed the exchange deed. In the circumstances no mandamus can be granted to the Government to grant any land in suvery No. 194.
4. At this stage learned Advocate for petitioner seeks leave to withdraw the writ petition with liberty to approach this Court in case he finds the exchange deed. He has filed a memo of even date to the said effect.
5. Memo is placed on record. Petition is dismissed as withdrawn with liberty as sought.
No costs.
Sd/- JUDGE LRS.